Dumpster diving happens when someone digs through another individual’s trash to look for things they want to take. This is commonly done to find things to use or resell.
There is, however, another more nefarious reason dumpster diving occurs, which is identity theft. This is a quick way for someone to steal another person’s identity.
When someone dumpster dives, they may be able to find enough personal information to facilitate a scam or commit fraud. A few important scraps of paper can contain enough important personal information to do so.
Many people throw things away without thinking about it. If an individual’s driver’s license information, social security number, or date of birth are thrown away, they can easily be used by someone else. This can even be done with documents that have handwritten signatures.
Everyone lets their guard down at some point. They may throw away bank statements or documents with account numbers and even old medical paperwork.
It can be helpful to shred important documents instead of putting them in the trash. That will ensure an individual’s information is kept safe and cannot be stolen.
Is Dumpster Diving Illegal in California?
Once an individual puts their garbage out on the public street for collection, they have relinquished their ownership. This means someone can look through it without issue.
This is because there is no reasonable expectation of privacy for trash placed at the curb for collection. If an individual does not want other people going through their garbage, there may be other ways to dispose of it than setting it by the curb.
However, if the trash is on private property or is within a fence or enclosure, it is not considered public property. If someone tries to go through garbage in these areas, they can be charged with trespassing or even theft.
In addition, there are some counties or cities that have trash collection or processing locations that are off-limits to the public. This means, it is important to consult with a local California lawyer before trying to dumpster dive to avoid any legal consequences.
Even in situations where an individual can search through garbage, it is still against the law to use another individual’s private information found in the garbage to commit a crime. Identity theft is a criminal offense.
When a defendant is convicted of identity theft, they may face fines, jail time, or both. They may also be ordered to pay the victim back for any losses, referred to as restitution. They may also face civil damages if the owner files a lawsuit against them.
Should I Check California Law for Garbage Ordinances?
Dumpster diving is typically permitted so long as an individual is not violating any county, city, or local laws. Because of this, it is essential to check California law for garbage ordinances.
Typically, as noted above, once an individual’s trash is put on the curb for pickup, it becomes fair game for anyone to look through. However, it is important to check for laws and ordinances at all levels.
This can be challenging for people without experience with the law. A California lawyer can help explain any applicable garbage ordinances in California.
There are no federal laws that make dumpster diving illegal. Instead, it is made illegal at the state, county, and city levels.
Additional laws and restrictions may also apply to restaurants and other businesses. If there are locks or warning signs on a dumpster, it is important not to ignore those because they typically mean it is illegal to dumpster dive there.
Dumpsters that are located at shopping centers and malls are on private property, so it may be illegal to dumpster dive there. It is important to pay attention to the surroundings and respect any surrounding private property.
If an individual wants more information on dumpster diving in their area of California, they can schedule a California lawyer consultation.
Why Do People Dumpster Dive?
People will dumpster dive for many different reasons. A common reason is to find items to sell for extra money.
In some situations, even when local laws prohibit it, people will search through garbage bins looking for items that may earn them money. Another common reason for dumpster diving is to look for food that has been thrown out by local businesses.
In some locations, trash receptacles can hold large amounts of food that was simply not used. Some places, however, have charities that will collect leftover food from establishments and give it to those in need.
Sometimes, there can even be electronic items in trash cans. Old phones, computers, and other electronic devices are easily tossed into the trash when they are outdated.
Many establishments will not or cannot take used electronics so an owner will just throw it away instead. Sometimes, businesses may also get rid of products that are new but unsold.
It is also common for clothing to be found in dumpsters. Thrift stores will not accept items that will not be able to cheaply resell.
If donated items are not sold or are overstocked, the store does not suffer any loss by throwing it away. This is why many different types of items may be found in thrift store dumpsters.
There are also recyclable metals as well as other materials that a dumpster diver may be able to sell to a recycling center. Scrap yards often pay for aluminum, steel, and other metals.
In some cities and states, empty cans and bottles can be returned for money at stores or recycling centers. Even though the payout per item is small, if an individual collects a large amount, it can add up.
Is Dumpster Diving the Same as Trespassing in California?
Although dumpster diving and trespassing are not the same offense, an individual can trespass when they dumpster drive. If a defendant went through a gate, went onto private property, or jumped a fence to get to a dumpster, they are likely trespassing.
Many stores also have areas in the back that are considered their private property, even if a barrier or gate does not exist. Sometimes, the store trash will sit by the street.
It is illegal to enter private property to dumpster dive unless the diver has permission from the property owner. If an individual dumpster dives without permission, they can receive a fine or incarceration.
California lawyers can help their clients understand the local laws and whether or not they are allowed to dumpster dive in certain areas. If someone is facing fines or charges for trespassing when dumpster diving, a lawyer can help.
Is Dumpster Diving Disorderly Conduct in California?
Dumpster diving may be disorderly conduct in California when an individual does so in a public place and someone else calls law enforcement or complains. Even if law enforcement do come, they may give a warning, write a ticket, or arrest a dumpster diver.
If an individual makes a mess while they are dumpster diving, they may face fines for littering or illegal dumping.
Do Dumpster Diving Rules Apply To Recycling Bins?
Yes, typically dumpster diving rules will also apply to recycling bins. However, taking recyclables may be considered theft when the bin is on private property or is owned by a municipality.
How Can I Protect Myself Against Dumpster Diving Crimes?
Shredding confidential and private documents is one of the best ways to protect against dumpster diving crimes. It can be helpful to only set out the trash bin when necessary. When the bin is not in use, it can be placed in a secure area.
Do I Need a Lawyer for Help With Dumpster Diving Crimes in California?
If you have any issues or concerns related to dumpster diving crimes in California, it is essential to consult with a California criminal defense lawyer. Your attorney can explain the laws in your area and help defend against any charges against you.
Use LegalMatch today in as little as 15 minutes to find a lawyer near you in California who can help with your dumpster diving question. Any time you are charged with a criminal offense, it is essential to have an attorney, as these issues can follow you long-term.
