Is it illegal for people to go through your curbside garbage?

[C.Ann]

It really depends on where you live.. There's no law against it here at the lake - not sure about back at my DD's house..

 

[mkel34]

There is nothing illegal about it though I can understand your frustration.

California v. Greenwood
California v. Greenwood, 486 U.S. 35 (1988)[1], was a case in which the Supreme Court of the United States held that the Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home.
http://en.wikipedia.org/wiki/California_v._Greenwood

The 4th amendment of course guards against unreasonable searches and seizures.

In the above case, the U.S. Supreme Court held that there is no common law expectation of privacy for discarded materials.

A bit down in the wiki article:
Although Greenwood had hidden the trash from view by putting in opaque plastic bags and expected it to be on the street only a short time before it would be taken to the dump, the Court believed it to be “common knowledge” that garbage at the side of the street is “readily accessible to animals, children, scavengers, snoops, and other members of the public.” Moreover, Greenwood had left the trash there expressly so that the trash collector, a stranger, could take it.

California did pass a bill last year that does outlaw recycle theft. Google AB1778. Some large cities estimate losses of over $50k a year due to some large scale operations.

 

[zachnsamsmommy]

Hmmm...I think if the garbage can is on your property (ie your driveway or next to your house) it is illegal. But if it is on the street, it isn't.

I know that when I used to live in an apt, there were always dumpster divers at least a few times a week.

 

[freckles and boo]

We put all cans, glass, and plastic together in the same blue bag, which goes on the curb in front of the house. (Paper and cardboard also go on the curb.) Because our village contracts a company to pick up the recyclables, they do not allow scavengers to pick through the bags or steal them. However, our trash bins, which go in the alley, can be "picked". We leave anything that the scavengers might want outside the trash bins and put it out a day or so early so they don't go through the bin.

 

[MissyDVC]

We had a guy that used to do this in our old neighborhood. We didn't have a recycling center at the time. And he would go through collecting our cans ect. He was a little old man.
I started sorting it. And leaving it out for him. If he was in such a situation that he had to go through my garbage for a few cans. Well then I felt like that is enough of a bad situation vs. me making it worse.

I do the same thing! I now even leave my deposit bottles on top for him to take because I am sure he needs it more than I do if he goes around after dark looking for bottles.

 

[terri01p]

Hey maybe you should be flattered, I feel more certain that if anyone ever went though my garbage even one time they would more than likely never return to it, trust me it's never a pretty sight.

 

[N.Bailey]

California did pass a bill last year that does outlaw recycle theft. Google AB1778. Some large cities estimate losses of over $50k a year due to some large scale operations.

Thanks, I did just read this. Surprisingly, the US Supreme Court overturned CA's Supreme Court decision with the ruling in relation to garbage. It will/would (depending if it ever gets there), be interesting to see what the US Supreme Court will say to this. I can't see them ruling any differently than they did for garbage considering, people pay for both services, and both services are equally as assessable to the public.

If the town were hauling it away free of charge, I'd think otherwise, but that's not the case. At least it's not the case in my area.

 

[mickaholic4077]

After watching several seasons of Law & Order I vote that the trash and recyclables are no longer private property and is "free game" (not illegal) sort of speak.

I got my degree in Law and Order too,with my masters in SVU and my doctorate in Criminal Intent!

 

[DawnCt1]

We had a guy that used to do this in our old neighborhood. We didn't have a recycling center at the time. And he would go through collecting our cans ect. He was a little old man.
I started sorting it. And leaving it out for him. If he was in such a situation that he had to go through my garbage for a few cans. Well then I felt like that is enough of a bad situation vs. me making it worse.

Good for you. Very nice!

 

[JR6ooo4]

our recycling goes in a specific bin and it is labeled "property of the village of arlington heights"

Mikeeee

 

[flying_babyb]

I dont know if its legal But boy is it FUN!!! I dont pick through trash bags (much) I just visit our dumpster weekly. I have gained 2 clocks, 3 tray tables, two kitchen chairs and almost a table (not quick enough getting down to grab it). Never know what goodies are being throw out. Right now theres a end table, matress, and tredmill on the lawn (nothing I want).

 

[N.Bailey]

our recycling goes in a specific bin and it is labeled "property of the village of arlington heights"

Mikeeee

Are you sure they are not referring to the bin itself? I don't see how they could claim the rights to someone's recycled goods.

Are you paying for their services to haul away your recycling?

I really cannot see the US Supreme Court ever siding with a city or state on this matter, unless it's a free service, and even then, I'd still not be certain they'd side with the city/state.

They've already said, once it's put at your curb side, it's assessable to too many people/animals, for anyone to claim the rights. I really can't see how a trash collector vs. a guy picking up recycling is any different in the court's eyes. More than likely, both would be considered strangers and more than likely, police would obtain recycled products to obtain a DNA sample if they had to. If the courts sided with the city/state, law enforcement would have to obtain a search warrant to obtain these DNA samples.

 

[daughtersrus]

our recycling goes in a specific bin and it is labeled "property of the village of arlington heights"

Mikeeee

Where I live (also a suburb of Chicago) it's illegal to take anything from the recycle bins but garbage is fair game. We do not pay for our garbage service (I'm sure that it's included in the village portion of our property tax bill). The village says that they make a profit off of the recycled items so for someone to go down the block with a garbage bag and empty out all of the aluminum, wouldn't be fair.

We do have "scrapers" that drive around like mad men the night before garbage day and pick up pretty much anything that's metal. These guys drive me nuts because around 6:00 the night before, it's like feeding time at Brookfield Zoo. They drive like nuts going up and down the blocks. The trucks are stacked so high sometimes, that it really looks dangerous.

 

[PixieDust32]

After watching several seasons of Law & Order I vote that the trash and recyclables are no longer private property and is "free game" (not illegal) sort of speak.

Yup! When you put it on the street, its public property. Nothing illegal, and those ladies probably sell the cans.

 

[PixieDust32]

I read somewhere that people pick trash from the rich and famous and sell things on e-bay and is legal.

 

[bicker]

Composter.

Not permitted in condos.

 

[bicker]

our recycling goes in a specific bin and it is labeled "property of the village of arlington heights"

That refers to the bin.

 

[bumbershoot]

Not permitted in condos.

In our condo it would be fine. Could get a small enclosed one, keep it on the balcony...

Not sure it would be the right kind for pet waste, but just as a composter, it would be fine.

So, not cut and dry there with condos...

 

[DisneyFed]

Not illegal. Law Enforcement Officers routinely do this during criminal investigations...ah the fun of "Dumpster Diving"...especially during Summer in the South.

However, the Supreme Court ruled on it as part of a Criminal Case in regard to evidence obtained to prosecute a Criminal Offense.

Local or State Statutes may apply to individuals not involved in a Law Enforcement capacity, it just depends on the location.

Law Enforcement is covered under the 4th Amendment while attempting to obtain evidence of a crime.

Clear as mud right?

 

[Uuaww]

When I was in college, for a year, the city made some kind of rule that during parties you had to use cans, not kegs. So it wouldn't be uncommon for all fraternities to go through a couple hundred to even a thousand cans in one weekend. We quickly learned that if we didn't safeguard the cans, a group of 3 women or so would come around and take them. We decided it wasn't worth it so one morning we talked to them and told them that they were allowed to take all the cans they wanted from our back/side/front yards, we even left the gate open for them. In the end, they were happy because they got a ton of cans for free and we were happy because we didn't have to clean up after ourselves.