Dumpster diving occurs when an individual searches through the contents of large trash containers known as “dumpsters” to look for something the individual wants. The activity is referred to as “diving” because the containers are so large that looking for the items a person seeks may result in diving into the contents of the dumpster to get to the bottom.
People use dumpsters to dispose of trash. They are used by large commercial, residential, industrial, or construction entities. The dumpster’s contents may be unwanted by their owners but of value to divers. Searching for items of value is not limited to dumpsters. Divers may search for value in household trash cans put out for collection next to residential streets, and in landfills and dumps.
A range of slang terms is used in connection with these activities. For example, seeking materials from trash cans on curbs in residential neighborhoods is sometimes referred to as “curb shopping,” “trash picking,” or “street scavenging.”
Searching for value among society’s leftovers is not a modern phenomenon. When societies were more predominantly agricultural, people would search fields when harvesting was finished for produce that had been left behind. This is still done in rural societies and is known as “gleaning.”
Is Dumpster Diving Illegal in New Jersey?
Basically, dumpster diving is not illegal in New Jersey. This is in part because there is no single state law that bans dumpster diving. However, whether it is legal depends on the specific circumstances in which it is done and where it is done. Local New Jersey county or municipal ordinances may prohibit actions related to dumpster diving.
Another reason for which dumpster diving is not per se illegal is a decision of the U.S. Supreme Court from 1988. The Court ruled that dumpster diving does not violate anyone’s right to privacy, because a person who leaves their trash in a public place for collection does not have a reasonable expectation of privacy in it.
Rather, once trash is placed on the curb of a public roadway or in another place accessible to the public, the prior owner has abandoned it. Another person is free to take it if it has some value to them.
So, taking property from a dumpster in a public place is not theft as long as it is clear that the owner has abandoned the property. Again, a diver would want to assess the circumstances to ensure that a dumpster is clearly located in a public place, that the circumstances indicate that the contents have been abandoned and are clearly unwanted trash.
An individual’s actions in connection with dumpster diving can make a specific instance of dumpster diving into a criminal offense in New Jersey. Another possible crime that might arise from dumpster diving is criminal mischief. The crime of criminal mischief consists of intentionally damaging another person’s property. So if a diver were to damage some property that was not clearly the abandoned contents of a public dumpster, they might be guilty of criminal mischief.
Criminal mischief could be a felony or a misdemeanor, depending on the circumstances, mainly the measure of the value of the damage done to the property.
The punishment for criminal mischief depends on the degree of the offense but can be quite harsh. Second-degree criminal mischief may be punished by imprisonment for 5 to 10 years and payment of a fine of as much $15,000. So it would behoove a diver to be sure to avoid committing criminal mischief when they dive.
A dumpster diver might also have a problem with a criminal charge if they create a disorderly mess or public disturbance while diving through a dumpster. Diving in this manner may lead to a charge of disorderly conduct.
The consequences for unlawful dumpster diving in New Jersey vary based on the offense. A trespassing violation is classified as a petty disorderly persons offense. This can result in a fine of up to $500 and up to 30 days in jail, although jail time is less common for first-time offenders.
Should I Check New Jersey Law for Garbage Ordinances?
Even if an individual avoids trespassing and criminal mischief, they may still face legal problems because of local laws. Many towns and cities in New Jersey have their own ordinances regarding waste disposal and collection. These local laws may explicitly prohibit scavenging or digging through refuse containers within their borders.
These ordinances are separate from state-level criminal laws and are designed to maintain public order, health, and cleanliness. A person can violate a municipal code even if their actions do not meet the criteria for a state crime like trespassing.
Why Do People Dumpster Dive?
People dumpster dive for a whole range of reasons. They may be poor and dive to find free clothing, furniture, food, or for various things they may need for their household. Some divers may seek items they can sell, e.g., refundable bottles or plastic items, as a way to make money. Some people may simply be interested in seeing what they might find. Some people may even do it for fun.
Reportedly, in the third world, divers work in organized groups. Again, they make money by selling the still useful items they find. Divers may have an environmental motivation and want to recycle and reuse the material they find. Some governmental agencies offer recycling services for electronics, e.g., computers and smartphones, and other types of goods as a way of combatting waste and pollution. The items might be rehabilitated and sold to new users.
A wide variety of things may be disposed of while still repairable or in working condition, making salvage of them a source of potentially free items for personal use, or to sell for profit. We all throw away irregular, imperfect, or damaged items that may still be functional or usable to someone.
Grocery stores are known to discard food that might have only slight imperfections or have expired, even though it is still safe to eat. Retailers may not want to sell older stock at reduced prices, because customers would buy it instead of the higher-priced newer stock.
Is Dumpster Diving the Same as Trespassing in New Jersey?
Dumpster diving is not the same as trespassing in New Jersey. Trespassing is entering onto property that a person does not own without the permission of the owner. So there is a risk that dumpster diving could involve trespassing if a diver enters into a place that is not clearly open and accessible to the public.
If the dumpster or other container that a person tries to access is located on private property, then a diver might commit trespassing when they approach the dumpster. Most dumpsters behind retail stores or on construction sites are on private property. Entering this property, especially if it is marked with “no trespassing” signs or enclosed by a fence, may constitute criminal trespass under New Jersey law.
Is Dumpster Diving Disorderly Conduct in New Jersey?
Dumpster diving is not the same as the crime of disorderly conduct in New Jersey. Various acts might comprise disorderly conduct, and it is possible for a person to commit disorderly conduct in the course of dumpster diving. But dumpster diving alone, again, if done in a public place in a dumpster that is accessible to the public, should not lead to a criminal charge of disorderly conduct.
Do Dumpster Diving Rules Apply To Recycling Bins?
As noted above, there is no New Jersey state law that forbids dumpster diving in recycling bins. Again, however, counties and municipalities in New Jersey may have local ordinances that address scavenging from recycling bins. So a person who contemplates diving in recycling bins should check local laws and make sure they comply with them.
Recycling bins are often considered private property, and removing items from them could be seen as theft in some places. It is important to remember that dumpster diving is not theft only because the stuff in the dumpster has been abandoned. Town officials might view recycling bin contents as material that is destined for a recycling center and is not abandoned. So caution is advised.
How Can I Protect Myself Against Dumpster Diving Crimes?
The best way for a diver to avoid engaging in potentially criminal activity while dumpster diving is to make sure that the dumpster or other receptacle in which the person plans to dive is located in a place that is clearly accessible to the public.
A person who is thinking of dumpster diving would also want to check local rules. Again, there is no state law that applies throughout the state of New Jersey. Rather, local ordinances that might make diving-related activity illegal could be enacted by a county or municipal ordinance. A person might want to have a New Jersey lawyer consultation with a New Jersey lawyer in the location in which they plan to do their diving regarding local dumpster diving rules.
Of course, dumpster diving can also pose a threat to people who throw their trash and other unwanted items into dumpsters. Law enforcement experts warn people of the need not to toss any type of document or other item that reveals personal information, such as Social Security numbers, health insurance card information, bank account numbers, and the like, into trash receptacles from which they might be recovered and used for criminal purposes.
They recommend shredding documents as a safer alternative to throwing away information that someone could use to commit fraud, identity theft, or other harm that might make a perpetrator liable for the payment of civil damages.
Do I Need a Lawyer for Help With Dumpster Diving Crimes in New Jersey?
If you are serious about dumpster diving and want to avoid issues with law enforcement, you need to talk to a New Jersey criminal defense lawyer. Your lawyer can tell you about any local ordinances or regulations in the location in which you do your diving that may present a legal barrier. Your lawyer can advise you as to how you can go about diving so as to avoid any problems with the police.
