When someone goes through another person’s garbage looking for things they may want to take, it is called dumpster diving. Many people do this to look for things they can resell or use.
There are, however, other reasons dumpster diving is done, such as committing identity theft. Stealing things from someone’s garbage is a quick way to steal their identity.
When someone goes dumpster diving, it is possible for them to find sufficient personal information to commit fraud or engage in a scam. It only takes a few important scraps of paper for someone to do this.
There are many people who throw these types of paper away without a second thought. When a person throws out their social security number, driver’s license number, or documents that list their birth date, this information can easily be used by someone else. Even handwritten signatures can be used for fraud and scams.
Everyone usually lets their guard down at some point and throws away documents with personal information, such as bank statements and old medical documents. Using a paper shredded for these important types of documents can help safeguard personal information and avoid identity theft.
Is Dumpster Diving Illegal in Texas?
Once someone places their garbage outside on the public street to be collected in Texas, they give up ownership of that property. When this happens, someone can go through the garbage without issue.
This can be done because the owner of the trash does not have any reasonable expectation of privacy after it is put on the curb for collection. If someone does not want people to go through their trash, they may want to consider other ways to dispose of it.
If garbage is on private property within an enclosure, such as a fence, it is not considered to be public property. When someone goes through garbage that is in these types of areas, they may be charged with trespassing or theft.
Additionally, there are cities or counties in Texas that may have processing locations or trash collection areas where the public is not allowed. Because of these issues, it is essential to get advice from a Texas attorney before dumpster diving to avoid any legal issues.
Even when someone is allowed to look through another person’s trash, it is still against the law to use someone else’s private information found in their trash to commit a crime. Identity theft is considered to be a criminal offense.
If a defendant is convicted of identity theft, they may have to spend time in jail, pay criminal fines, or both. They may also have to pay restitution, or reimburse the victim from losses they suffered.
If the dumpster diver is sued by the trash owner, they may also have to pay civil damages.
Should I Check Texas Law for Garbage Ordinances?
Usually, dumpster diving is allowed as long as the diver does not violate local, city, or county laws or ordinances. Because there can be different rules in different places, it is important to review local laws governing garbage issues.
In most situations, as previously noted, when someone puts their garbage out for pickup, it will be fair game for people to look through. It is important, however, to review ordinances and laws at all levels.
This may be difficult for individuals who do not have experience with legal issues or finding laws. A Texas attorney can help find and explain any local Texas garbage ordinances.
Federal law does not make dumpster diving illegal. Instead, dumpster diving laws are at the city, county, and state levels.
It is important to be aware that there may be other restrictions and laws that apply to businesses and restaurants. When a dumpster has a lock or warning sign, it usually means it is not legal to dumpster dive there.
A dumpster at a mall or shopping center is often considered to be on private property, meaning it may not be legal to dumpster dive there. When someone needs more information on dumpster diving laws that may apply in Texas, it is important to schedule a Texas lawyer consultation.
Why Do People Dumpster Dive?
Someone may dumpster dive for numerous reasons. One of the most common is to find things to sell to make money. People may also be looking for food that a local business or restaurant threw away.
In many places, dumpsters may hold large amounts of food that was not used. There are charities in some areas that collect leftover food from businesses and restaurants to give to those in need.
There can also be electronics in dumpsters and trash cans. Many people just toss old computers, phones, and other electronics into the garbage when they are outdated.
Many places cannot or will not take a used electronic, so the owner will simply throw it away. Businesses may also dispose of products that are unsold, even if they are new.
Clothes are also commonly found in dumpsters. Many thrift stores will not take clothing items that cannot be cheaply resold.
When items that were donated are not sold, stores do not suffer losses when they throw them away. This is why it is common for numerous different types of items to be found in dumpsters outside thrift stores.
Dumpster divers may also try to collect recyclable metals or other types of material that they can sell to recycling centers. A scrap yard will typically pay for steel, aluminum, and other types of metal.
In certain states and municipalities, empty bottles and cans may also be returned for money at recycling centers or stores. Even when the payout per item is low, if someone collects enough, they can earn a significant amount.
Is Dumpster Diving the Same as Trespassing in Texas?
No, dumpster diving is different from trespassing. However, someone can trespass when dumpster diving.
For example, if they went onto private property, jumped a fence, or went through a gate to get to the dumpster, they are most likely trespassing.
There are many retail locations that have back areas that are also considered their private property, even if there is no gate or barrier. In some places, the store’s trash will also sit by the street.
It is not legal to go onto private property to dumpster dive unless the person has permission from the owner of that property. When someone dumpster dives without first getting permission, they may face fines or incarceration.
Texas lawyers can explain the local ordinances and laws as well as whether or not someone can dumpster dive in specific locations. When a person faces charges or fines for trespassing in Texas, an attorney can help.
Is Dumpster Diving Disorderly Conduct in Texas?
In Texas, dumpster diving may be considered disorderly conduct when someone dumpster dives in a public place and law enforcement is called or someone complains. When law enforcement comes, they may give the dumpster diver a ticket, a warning, or arrest them.
If a dumpster diver leaves a mess when dumpster diving, they can face fines for illegal dumping or littering.
Do Dumpster Diving Rules Apply To Recycling Bins?
Yes, the rules that apply to dumpster diving typically apply to recycling bins. It is important to note that taking recyclables can be considered theft if the bin is on private property or if it is owned by a municipality.
How Can I Protect Myself Against Dumpster Diving Crimes?
One of the best ways to protect against dumpster diving crimes is for an individual to shred any confidential or private documents. It can also be helpful to only put out the trash can when necessary and put it in a secure area when not in use.
Do I Need a Lawyer for Help With Dumpster Diving Crimes in Texas?
Yes, if you have any type of question or concern about dumpster diving crimes in Texas, it is very important to reach out to a Texas criminal defense lawyer. Your lawyer will be able to explain to you the dumpster diving laws near you and defend against any charges you are facing.
LegalMatch can help you find a Texas attorney in as little as 15 minutes who can help resolve your dumpster diving issue. It is very important for you to consult with a lawyer, as the legal consequences can follow you for the rest of your life.
