Removing items from neighbor's trash

[Garby]

What is the name of your state?What is the name of your state? California


Today our neighborhood is having its semi-annual general trash pickup, where people usually get rid of items too big for the weekly garbage can service. Yesterday morning, as part of the cleanup, a "recycle and reuse" truck passed by (authorized by the garbage company), taking items from the stuff people put in the street that may be usable by someone else; a nice policy, I think.
Yesterday evening, my daughter and I drove around several local streets and she spotted some plastic lawn chairs, of which she could use one, in the street for the cleanup. The "recycle" truck had already been there, as evidenced by the yellow slip attached to one of the chairs, and had not taken the chairs. When we stopped the car and my daughter was placing one of the chairs in her car, the owner of the house came charging out, accusing us of stealing his stuff. He returned to his house, and reappeared with a phone, saying he's calling the police on us and has our license plate number. I got out of the car and politely apologized and asked to talk to him, but he kept shouting at my daughter about her stealing his stuff and we ought to get out of there. He also said we were on a private street (which I had forgotton).
I understand that I probably shouldn't have been on the street, since it's private, but could I have been arrested for removing an item in the street destined for a garbage truck the next day?

Originally Posted by Garby

What is the name of your state?What is the name of your state? California

I understand that I probably shouldn't have been on the street, since it's private, but could I have been arrested for removing an item in the street destined for a garbage truck the next day?

This is a very interesting topic, and the reason I say that is I know of a similar instance, however the person was arrested.

I am not joking about this and I really don't see it being a crime (Just disgusting), so I probably do not know the whole story about what I am about to post. So any input would be useful to me as well as the OP.

In 1998 here in Florida a friend of mine told me of his cousin who was arrested on charges of theft. This person was spotted by a police officer as he was taking junk (bed mattress if I remember correctly)off the street in front of a home (Not sure if it was a private street or not) during "Bulk Pick-up day". From what I understand is that the cop asked the home owner if he/she wanted to press charges and said yes. I know there has got to be more to this than I know, but maybe there's not seeing that the OP just posted his/her thread. I would assume that items left for pick-up on the street would be fair game to anyone, but maybe that is not the case on a "Private street"

[JETX]

"could I have been arrested for removing an item in the street destined for a garbage truck the next day?"
*** Yes. The simple fact was that the property was not hers.

You have to look at the trail of 'ownership'. The property is owned by the homeowner. In this case, they no longer want it, so they put it at the curb to be picked up by the trash company. At no point in there does the property become 'abandoned', nor does your daughter assume any right to ownership or possession.

Look at it this way.... if you had contacted a friend of yours and asked them if they wanted some chairs, and your friend said yes. Lets say that your friend is running late to pick them up, and you have an urgent need to leave before he can get there. You call him and he says that he is less than 15 minutes away and you agree to leave them at the curb for him to pick up. Would it be acceptable for some passerby to see your chairs and simply stop, throw them in their vehicle and leave??? Of course not, that would be theft.... just as it was in this case. The fact that they were left for the trash company does NOT make this 'self-help' ownership valid..... or less than theft.

Additionally, several cities have passed laws to prevent just as you have done, saying in essence what I have noted above. This was done to protect peoples personal information that they might have thrown in the trash.... only to have 'dumpster divers' retrieve it.

Of course, one critical element on this would be where EXACTLY was the property when it was 'recovered'. If it was ON private property at the time, your daughter would have trespassed to get it. If it was on public property, then that shouldn't be a concern.

Further information:
CALIFORNIA v. GREENWOOD, 486 U.S. 35 (1988)
[url]http://www.fightidentitytheft.com/shred_supreme_court.html[/url]
(Note: This ruling was reversed on appeal to the US Supreme Court, but it at least shows the issue).

"The New Hampshire Supreme Court ruled Monday that garbage is private, even when it has been put out near the street for collection."
[url]http://www.cbsnews.com/stories/2003/09/30/national/main575782.shtml[/url]

[Garby]

I still find it very sad that someone cannot take a usable item left in the street for the garbage pick-up without being called a thief. The street in this case was, as mentioned, a "private" street, but the items were in the street (not in the driveway). On my (public) street, my husband and I have observed for years numerous people (including neighbors) picking up items from other trash piles. Personally, I'm always pleased that something I no longer want is taken by someone who will use it. By the way, our items are left in our driveway because we have a bike path on our street next to our curb that we don't want to fill with trash.
If someone leaves items near the street for a friend or charity (which I have done) , a simple note attached maintains the security of the items, at least in my community of 30 years.
We have such a throwaway society, and our bulging landfills attest to that. I've heard of people returning from service in the Peace Corps who are horrified to return and see what we throw out everyday.
It's really too bad that a few individuals who stole items meant for others, or personal info left in the trash, ruin our ability to make our discards available to others on trash pick-up days. Must we resort to putting items out any day of the year with "take me, I'm free" signs on them?? Now that would really make our community look trashy, wouldn't it?

[JETX]

Originally Posted by Garby

I still find it very sad that someone cannot take a usable item left in the street for the garbage pick-up without being called a thief.

And I am equally (or more) saddened by someone thinking that just because somebody left something on the street (or driveway, or front yard), they think that they can claim ownership of that property. Why didn't you just knock on their door and ask??? That would have been the sensible (and legal) thing to do.

On my (public) street, my husband and I have observed for years numerous people (including neighbors) picking up items from other trash piles.

But of course, that doesn't make it right.... or legal.

Personally, I'm always pleased that something I no longer want is taken by someone who will use it.

And I agree. However, as noted above, the practical thing to have done (private street or public street) is to ASK the owner.

Must we resort to putting items out any day of the year with "take me, I'm free" signs on them??

If you are truly giving it away... then you wouldn't have to have the sign, would you. And without the sign, why would anyone just assume that it is free for the grabbing.

[CdwJava]

The best solution might have been to go to the door and ask about the lawn chair. Ask if they don't want it anymore and if you could have it. Then you would know.

Where I have worked (until now) local laws prohibited interfering with trash receptacles for the reasons that JetX pointed out ... AND to keep trash from being discarded all over the place while "dumpster divers" (self titled "recyclers") emptied trash cans looking for aluminum treasure and other items.

And if this was a "private street" what were you doing on it in the first place? Do you regularly peruse discarded items for 'collection'?

Carl

[Garby]

No, I do not regularly peruse the neighborhood looking for things to take. In the future, however, I certainly will ask the homeowner about an item if I pass something in their "trash" pile I'd like to have. It may not have been "legal", but this is the truth----I just didn't think to ask!
Like I said, legal or not, it's commonplace in our community for people to take usable items from piles left for the garbage truck.
Again, I forgot this street was private. It closely resembles all the public streets in my semi-rural community. Why was my there? Because my daughter (who lived here for 20 years) was over for dinner ( she and her husband's first anniversary) and she wanted to drive around specifically hoping to find a discarded chair she could put in her husband's little office for her occasional use.
Again, I did apologize to the homeowner, even though I didn't know taking that chair was illegal. I know, I know---ignorance of the law is no excuse. So, now we've all learned a lesson, and thank you all for your responses.

[sheriera]

MI

Well, in my state, once it's left as trash, it's fair game. That's the way it should be, IMO.

[ptlmejo]

You have to look at the trail of 'ownership'. The property is owned by the homeowner. In this case, they no longer want it, so they put it at the curb to be picked up by the trash company. At no point in there does the property become 'abandoned', nor does your daughter assume any right to ownership or possession.

Actually, the property does become abandoned. This is why the police are allowed to do "garbage picks" for evidence. You are correct though in stating that the daughter does not assume ownership of it.

Many cities have enacted ordinances against picking up discarded items left for the trash collection and I suspect this is probably the violation in question that was charged...yes?

[Garby]

Quote:

"Many cities have enacted ordinances against picking up discarded items left for the trash collection and I suspect this is probably the violation in question that was charged...yes?"

There was no violation charged; no police or sheriff showed up. We were advised by the resident to leave, which we did. I just wanted the legality of the situation discussed.

BTW, if I go for a walk and spot a quarter in the street, legally I suppose I must leave it there, or contact the resident of the nearest home to ask if it's theirs/or may I have it???

[CdwJava]

Legally, going through the trash depends on state law and local ordinance.

Finding a coin on the street would technically be misappropriation of found property, but I doubt that anyone would press the issue unless it is a LOT of money.

Carl

[rmet4nzkx]

whew, I just picked up a penny on the sidewalk today, glanced around saw no one and sipped it into my pruse. I always thought any found penny is a lucky penny! When I find one in the floor in the store or bank, I have always returned it to the clerk or teller.

[CdwJava]

Originally Posted by rmet4nzkx

whew, I just picked up a penny on the sidewalk today, glanced around saw no one and sipped it into my pruse. I always thought any found penny is a lucky penny! When I find one in the floor in the store or bank, I have always returned it to the clerk or teller.

Good rule of thumb. I have done the same in front of or inside a store.

Besides, especially when you have kids, they learn by observing. If you want them to do the right thing - even for the small stuff, then you have to model it. And I have three small children, so my wife and I have to model a lot.

Carl

[rmet4nzkx]

Actually this penny today was on the sidewalk on a steep slope, so actually picking it up may have prevented an accident if someone hit it wrong with their heel, they could be sent flying
It is also casting bread upon the waters, what goes around, comes around! It is gratifyig to hear my grown sons repeating the same things I told them when they were little, they didn't always agree, but now as parents have a different perspective.

Sorry for getting off topic...
Today I was taking my morning walk (out of the state mind you), when I approached what appeared to be a steep slope I fell and broke my arm. Initially I thought it was a crack in the sidewalk but then after observing closer I saw it was a shiny little good luck penny that had caused my fall. I thought to my self "Good luck penny my a**" Then it dawned on me, I could sue the US mint or federal reserve (wherever they make pennies) for making such a slippery penny, so then I thought "Maybe this is a good luck penny afterall" I could get a whole bunch of pennies from a lawsuit!!!
Does anyone think I have a case and how much would I get??

No...I'm just joking!!!! having a little fun
Does this question get a spot in the end of the year contest??