When a person looks through another individual’s trash looking for items they may want to take in Massachusetts, it is referred to as dumpster diving. This is commonly done by people looking for things to resell or use.
Dumpster diving, however, may be done for other reasons, such as committing identity theft. Taking information from someone’s trash is an easy way to steal their identity.
Many times, people throw away important papers without a second thought. When someone tosses out documents that list their birth dates, social security numbers, driver’s license number, or other documents showing important information.
Signatures can also be used for scams and fraud. When dumpster diving, someone may be able to find enough personal information to engage in a scam or perpetrate fraud. These things only take a few important scraps of paper.
Because people usually let their guard down at some point, they throw away documents containing personal information. The best way to avoid these issues is to get a paper shredder and put any important documents in it to avoid identity theft.
Is Dumpster Diving Illegal in Massachusetts?
In Massachusetts, when a person places their trash outside on the public street to be collected, they give up their ownership of the property. Once put to the curb, a person’s trash can be looked through without issue.
Trash can be opened at the curb because the owner no longer has a reasonable expectation of privacy after it is put on the curb for collection. When a person does not want anyone else looking through their garbage, they can consider other methods of disposal.
When trash is on someone’s private property in an enclosure, such as behind a fence, it is not considered public property. If a person goes through trash in an enclosed area, they can be charged with theft or trespassing.
There are also counties or cities in Massachusetts that have trash collection areas or processing locations where members of the public are not permitted to go. For this reason, it is very important to reach out to a Massachusetts attorney for advice before dumpster diving to avoid any issues or criminal charges.
Even then, a person is permitted to go through someone else’s garbage, it is illegal to use another person’s private information found in the garbage to commit a criminal offense. Identity theft is a criminal offense.
When someone is convicted of identity theft, they can face incarceration, criminal fines, or a combination of both. In addition, they may be required to pay restitution, or payments that reimburse the victim for their losses. When a dumpster diver is sued in civil court for their conduct, they may be ordered to pay civil damages.
Should I Check Massachusetts Law for Garbage Ordinances?
Generally, in Massachusetts, dumpster diving is usually permitted, as long as the person does not violate any county, city, or local laws or ordinances. Because different rules may apply in different locations, it is essential to review the local ordinances and laws that govern Massachusetts garbage issues.
Typically, as noted above, when a person puts their trash out for pickup, it is fair game for others to search through. It can be hard for someone without legal experience to find all of the applicable laws and ordinances.
A Massachusetts lawyer can help someone without experience to find all applicable laws. An attorney can also explain the local Massachusetts garbage ordinances.
There are no federal laws that make dumpster diving illegal. Dumpster diving laws are instead found at the state, county, and city levels.
There may also be other laws and restrictions that apply to a restaurant or a business. If a dumpster has a warning sign or a lock, it typically makes it illegal to dumpster dive there.
Dumpsters at shopping centers or malls are usually on private property, which means dumpster diving may not be allowed there. If a person needs information about dumpster diving issues in Massachusetts, it is important to schedule a Massachusetts lawyer consultation.
Why Do People Dumpster Dive?
There are many different reasons why people may dumpster dive. Often, people will look for items to sell in order to make money. They may also look for foods that local restaurants or other businesses throw out.
In numerous locations, a dumpster can hold a large amount of unused foods. Charities may also collect leftover food from establishments to provide to individuals in need.
Dumpsters and trash cans may also contain electronics. Many times, individuals will throw away old phones, computers, as well as other outdated electronics.
There are many locations that are not able to take used electronics, so people will just throw them away. A business can also throw out unused products, even when they are new.
It is also common to find clothing in dumpsters and trash cans. If a clothing item cannot be cheaply resold, a thrift store location may not be able to accept it.
If items are donated but not sold, a store will not take any losses if they throw them in the trash. Because of this, a variety of items can be found in dumpsters outside certain types of stores.
Dumpster divers may also be looking for materials they can sell to a recycling center, such as recyclable metals. Scrap yards also often pay for metals, such as aluminum and steel.
In some jurisdictions, empty cans and bottles can be taken to recycling centers or stores for money. Although the pay per item may be low, a large collection of items may earn a dumpster driver a significant amount of money.
Is Dumpster Diving the Same as Trespassing in Massachusetts?
In Massachusetts, trespassing and dumpster diving are not the same. It is important to note, however, that a dumpster diver can trespass when dumpster diving. If, for example, a dumpster diver went onto public property, went through a gate, or jumped a fence to get into the dumpster, it is likely they are trespassing.
Retail locations may also have areas in the back that are part of their private property, even without a barrier or gate. It is not against the law for someone to enter private property if they have permission from the property owner to do so. Without permission, however, a dumpster diver may be trespassing and face incarceration or fines.
A Massachusetts lawyer can provide advice about the local applicable laws and ordinances and whether it is legal to dumpster dive in certain areas. If a dumpster diver faces criminal charges or fines for trespassing in Massachusetts, a lawyer can help.
Is Dumpster Diving Disorderly Conduct in Massachusetts?
In Massachusetts, dumpster diving is not always considered to be disorderly conduct. However, it may result in charges for other types of offenses, such as littering or trespassing, depending on the local laws and facts of the case.
Do Dumpster Diving Rules Apply To Recycling Bins?
Typically, in Massachusetts, dumpster diving rules will also apply to recycling bins. However, it is important to be aware that taking a recyclable can be theft if the recycle bin is located on private property or is owned by a municipality.
How Can I Protect Myself Against Dumpster Diving Crimes?
A person can protect themselves against dumpster diving crimes by storing their trash in a secure location and only putting it by the curb when it is time for pickup. It can also be helpful to put important documents in a paper shredder instead of the garbage can.
Do I Need a Lawyer for Help With Dumpster Diving Crimes in Massachusetts?
Yes, if you have any questions about Massachusetts dumpster diving laws or are facing charges related to dumpster diving, it is essential to consult with a Massachusetts criminal defense lawyer. Your attorney can provide advice about dumpster diving laws before you try it and defend you against any charges you may face.
When you need help, use LegalMatch to find a Massachusetts lawyer near you by completing the online submission form in as little as 15 minutes. Having an attorney is very important, both to avoid charges and to present your defense if you are charged.
