dumpster diving is illegal???

[justalayman]

What is the name of your state?rediculous

dumpster diving

and I thought it was concluded that taking from a garbage can was not illegal.

Both YAG and averad seemed to believe so in this thread:
https://forum.freeadvice.com/showthread.php?t=323591&highlight="dumpster+diving"

and in this one IAAL also agreed but brought about the possibility of trespassing which is the charge the two in the article eventually pled guilty to.

https://forum.freeadvice.com/showthread.php?t=175085&highlight="dumpster+diving"


I guess, like in many other situations, there is no definitive answer but like in many other situations, there may be more to the story as well.

 

[JETX]

What is the name of your state?rediculous

I don't know about in your 'state'.... but most state laws do not prohibit 'dumpster diving'.... those laws (ordinances) are made up by cities or towns.
Before doing ANY 'dumpster diving', make sure that you check your local ordinances first!!

 

[CdwJava]

In addition to Jetx's comments, I noted that this was a trash container on a commercial property. They were charged with theft and burglary (odd about the burglary, but I guiess the trash bin was in a closed or secured location). So, it was very likely that the dumpster or trash receptacle in question was not on the curb, but instead on property under the exclusive control of the business. Ergo, the divers had no lawful right to enter the property ... hence, the conviction on a plea deal for trespassing.

- Carl

 

[Danieljs]

Hudsons worse

Hudsons' is even worse. They assume that everyone who comes around back wants in their dumpster. I had an item stolen and went to them to ask if they would look in their dumpsters to see if the theif had discarded it there. Instead they called the law on me and warned about trespassing. Next time, I will not be polite and will get a warrant. I will never go to Hudsons again.

 

[Ohiogal]

Dumpsters are on PRIVATE property and because they are normally not placed on the devil strip (which is city property) there is a difference between regular garbage and dumpsters. Dumpsters remain the property of the people who threw the garbage out until it is transferred to a party with permission to retrieve it (the garbage man).

Another reason it is illegal is strictly economics involving tax write-offs and business losses and liability concerns.

 

[SPR]

Why is it ok to go through personal trash, buyt not commercial? THat's BS if you ask me.

Another question, if I have my trash in a garbage can that I bought, is it considered illegal for someone to get into thqat trash can?

 

[angiesmom]

Why is it ok to go through personal trash, buyt not commercial? THat's BS if you ask me.

Another question, if I have my trash in a garbage can that I bought, is it considered illegal for someone to get into thqat trash can?

If it's sitting on the curb, anyone can get into it.

 

[CdwJava]

Why is it ok to go through personal trash, buyt not commercial? THat's BS if you ask me.

The key here seems to be that the dumpster was on PRIVATE PROPERTY that the seekers had no right to access. Commercial establishments also have other concerns when people go through their trash ... if they get hurt, the business gets sued ... if they get sick, the business gets sued ... if they make a mess, the business gets fined ... etc. It's why many businesses in bigger cities have locking dumpsters.

Another question, if I have my trash in a garbage can that I bought, is it considered illegal for someone to get into thqat trash can?

If it's at the curb, and your state and city have no law or ordinance against going through it, then it is likely lawful for someone to poke through your trash provided they do not leave a mess.

You can do it in my city. At least until it becomes a problem and the city council decides they want to ban it.

- Carl

 

[justalayman]

I have no problem with it being illlegal in general to dumpster dive, whether it be a commercial establishment or an individual residence. It is my trash and I believe we should be able to expect privacy and control. I "sell" it to the garbage man. It then becomes his to do with as needed. Even when it is in a dump, it is in either private property or government property and access is controlled, maintaining ones privacy.

The part of the story that bothered me was the fact that these guys got charged with a felony. The problem is that this article, along with many news articles, leave a lot of detail to the imagination. I would like to know what these guys did to warrant a felony charge.

 

[Ohiogal]

I have no problem with it being illlegal in general to dumpster dive, whether it be a commercial establishment or an individual residence. It is my trash and I believe we should be able to expect privacy and control. I "sell" it to the garbage man. It then becomes his to do with as needed. Even when it is in a dump, it is in either private property or government property and access is controlled, maintaining ones privacy.

The part of the story that bothered me was the fact that these guys got charged with a felony. The problem is that this article, along with many news articles, leave a lot of detail to the imagination. I would like to know what these guys did to warrant a felony charge.

Dont know what they did. Except possibly the way the law is written in that area. And how do you sell your garbage to the garbage man? I pay to have my garbage hauled away. They don't pay me to come get it.

 

[gawm]

Just a warning for all you kids out there. Not only is dumpster diving illegal, it can also be dangerous. There was an article in the paper here a couple of months ago about someone who got kill while dumpster diving. Apparently they were in the dumpster when the truck came and picked it up. They got crushed by garbage inside the truck. What a way to go, uh?

 

[Betty]

Just a warning for all you kids out there. Not only is dumpster diving illegal, it can also be dangerous. There was an article in the paper here a couple of months ago about someone who got kill while dumpster diving. Apparently they were in the dumpster when the truck came and picked it up. They got crushed by garbage inside the truck. What a way to go, uh?

Yea, I read about that - think it happened in Pa. There was also a newspaper article a couple of months ago with the headline something like Employer advices dumpster diving for axed workers. It was a bankrupt airline. The article said they really didn't come right out & say dumpster diving but something like don't be shy about pulling something of value out of someone's trash. It was in a booklet they gave out to the terminated employees - suggestions re how to get by financially at this time in their life.