In Dow Chemical Co. v. U.S. the Supreme Court ruled that the EPA did not conduct an unconstitutional search of Dow property when it took aerial photographs because business property is not protected by the 4th Amendment, unlike personal property.

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The Supreme Court ruled in Dow Chemical Co. v. United States that the EPA's aerial photography of Dow's plant did not constitute an unconstitutional search, but the rationale was not that business property is not protected by the 4th Amendment. Instead, the Court found that the open areas of the complex were akin to an open field and did not provide the expectation of privacy that triggers Fourth Amendment protection.