Taking trash help!

[kilbornz]

What is the name of your state? Oregon (Clackamas Co.)

I am trying to collect information on a person to help in collecting a judgement. I would like to know if it is legal to take someone's trash. If they set it out, off their property, then can I take the garbage that's in it? I called the county sheriff and was informed to ask and attorney.
I am going to court soon and would like to have any relevant evidence with me, so a reply ASAP would be GREATLY appreciated.

[snostar]

It all depends on whose property it is on, and if it is in a private container.

[kilbornz]

It's on residential property, a house with a small lot. I'm not sure what you mean by "private container". It's just a normal residential garbage can. Not drop box looking.

[snostar]

It is not legal to remove anything from someone elses property that does not belong to you without their permisssion. In that case it certainly would not be admissible in court.

[kilbornz]

I appreciate your response, but after looking over all of the Oregon Statutes containing th definitions of property, crimes against persons and/or property and theft, I am not finding anything that says that taking garbage while not ON someone's property is considered a crime. If this was the case then all of the transients that I see digging through garbage cans that state they are the property of the local transit service would be breaking the law. However, what you do with the property at that point could be illegal.

I understand that the evidence found could possibly be rejected in court. In my circumstance I could use the evidence in two ways: 1) To find out where a person is banking to collect my judgment; how I came about this evidence would never be questioned in this circumstance. AND 2) To prove that my ex has is making more money than is claimed, such as working under the table; in this case how I obtained the evidence would defiantly come up.

Thank you for all of your help.