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Air Pollution Variance Bd. v. Western Alfalfa, 416 U.S. 861 (1974)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Air Pollution Variance Bd. v. Western Alfalfa, 416 U.S. 861 (1974)
Air Pollution Variance Board of Colorado v. Western Alfalfa Corp. No. 73-690 Argued April 25, 1974 Decided May 20, 1974 416 U.S. 861
CERTIORARI TO THE COURT OF APPEALS OF COLORADO
Syllabus
A state health inspector entered respondent’s out-door premises in the daylight, without its knowledge or consent and without a warrant, to make an opacity test of smoke being emitted from respondent’s chimneys. In a hearing requested by respondent, the Colorado Air Pollution Variance Board, on the basis of such test, found the emissions violated the state act, denied respondent a variance, and entered a cease and desist order. The County District Court set aside the Board’s decision, and the Colorado Court of Appeals affirmed, holding that the test constituted an unreasonable search within the meaning of the Fourth Amendment.
Held: The Fourth Amendment, made applicable to the States by the Fourteenth, does not extend to sights seen in "the open fields," Hester v. United States, 265 U.S. 57, 59, such as here, where the inspector did not enter the respondent’s plant or offices, but had sighted what anyone who was near the plant could see in the sky. Pp. 864-865.
510 P.2d 907, reversed and remanded.
DOUGLAS, J., delivered the opinion for a unanimous Court.
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Chicago: U.S. Supreme Court, "Syllabus," Air Pollution Variance Bd. v. Western Alfalfa, 416 U.S. 861 (1974) in 416 U.S. 861 416 U.S. 862. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=UCCQ77WDCXRE8UJ.
MLA: U.S. Supreme Court. "Syllabus." Air Pollution Variance Bd. v. Western Alfalfa, 416 U.S. 861 (1974), in 416 U.S. 861, page 416 U.S. 862. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=UCCQ77WDCXRE8UJ.
Harvard: U.S. Supreme Court, 'Syllabus' in Air Pollution Variance Bd. v. Western Alfalfa, 416 U.S. 861 (1974). cited in 1974, 416 U.S. 861, pp.416 U.S. 862. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=UCCQ77WDCXRE8UJ.
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