Dow Chemical Co. v. United States, 476 U.S. 227 (1986), was a United States Supreme Court case decided in 1986 dealing with the right to privacy and advanced technology of aerial surveillance.
Factual background and decision The EPA used, without a search warrant, a commercial aerial photographer to get photographs of a heavily guarded Dow facility that was, according to the petitioner, protected by the State Trade Secret Law. The decision: For purposes of aerial surveillance, the open areas of an industrial complex are more comparable to an "open field" in which an individual may not legitimately demand privacy.Oliver v. United States, 466 U. S. 170 In the absence of a "reasonable expectation of privacy" the Fourth Amendment prohibiting unreasonable searches does not apply.
See also Aerial surveillance doctrine California v. Ciraolo, California v. Greenwood, Curtilage Expectation of privacy Florida v. Riley, Kyllo v. United States, Open-fields doctrine
References
Further reading Diane Rosenwasser Skalak, Dow Chemical Co. v. United States: Aerial Surveillance and the Fourth Amendment, 3 Pace Envtl. L. Rev. 277 (1986) Available at: http://digitalcommons.pace.edu/pelr/vol3/iss2/6 "AERIAL SEARCHES OF FENCED AREAS UPHELD BY COURT," The New York Times (May 20, 1986)
External links