Dow Chemicals VS United States
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Dow Chemicals VS United States
Dow chemicals was inspected in 1978 by the EPA (Environmental Protection Agency) for their facility that was not concealed. EPA was not convinced with the inspection and requested another inspection but was denied by Dow. EPA went forward with its investigation by taking aerial pictures of the facility without a warrant. When Dow became aware of the pictures it brought a suit against EPA for invading privacy against the fourth amendment. Dow won the case in the district court and EPA was ordered not to take any further use of aircraft. The court of appeals reversed this judgment in favor of EPA.
Key Issues
The Fourth Amendment
The right of the people to be secure in their persons, houses, papers and effect, against unreasonable searches and seizures, shall be violated. Before the government can seize the property of an individuals or businesses, there must be a valid search warrant or an applicable exception to the warrant on probable cause.
An exception relevant to this case.
"The exception to the warrant requirements is the "plain view" exception...