No, dumpster diving is not illegal in California. While the overall state law allows you to do dumpster diving, but in actuality, there are more things to be cautious about here. The act could be legal, but there are some other scenarios or things for which you can get in legal trouble for. And that is the part which confuses a lot of people, so if you’re confused even one bit, just keep on reading to clear up all your doubts.
How Does the Law Look at Dumpster Diving?
See, it is true that dumpster diving isn’t criminalized by any federal law in the U.S. In fact, the most frequently cited case is the Supreme Court decision California v. Greenwood in 1988. If you are particularly interested in dumpster diving, then you must have heard of this case, where the court, in this case, decided that after the garbage is left on the curb for collection, the owner relinquishes his privacy rights over it. Put simply, the garbage is treated as if it were abandoned. Plain and simple!
Hence, by federal laws, meddling with garbage thrown in a public place is not unlawful per se. But, it certainly doesn’t imply that one can have a free-for-all with dumpsters of any kind. That’s the thing to keep in mind.
What Do California Laws Say?
Oh, well, right here in California, yes, dumpster diving has not been prohibited by a state-level law. In case garbage is put on a public curb or in a public area for pickup, it is allowed for anyone to go through it. The rights of the original owner over the garbage cease as soon as it is set out for collection.
But the thing is, there are certainly cases or scenarios where you can get in trouble for doing such a thing, like, for example, if the dumpster is on private property, e.g., behind a store, in a fenced area, locked, or in an apartment complex, then entering without permission may result in trespassing or theft charges. In those cases, you could be fined or get into legal trouble, plain and simple!
Reminder: It is always wise to verify the regulations of your city or county before taking any action. Just saying! Surely, like, despite the fact that there is no ban at the state level in California, cities such as Sacramento, Fresno, Modesto, and Clovis have their own local ordinances that may limit or prohibit scavenging.
How To Stay Out of Trouble While Dumpster Diving?
Not a single doubt in the fac that dumpster diving may look like an easy thing to do, but it is capable of giving you problems very quickly if you don’t exercise caution.
The first thing, before anything else, be aware that putting a foot in someone else’s land without their permission is illegal. That means that if you leap over fences, go behind stores, or enter the areas that are behind gates or that have a lock, you are trespassing. In case the entry is limited, it would be far better not to take the risk.
And then, see, removing things from dumpsters that belong to businesses or the city, in particular recyclables, can be considered stealing according to the local regulations.
If you find any household papers like utility bills or IDs and use them in the wrong way, then you might be charged with a serious crime of identity theft.
Moreover, if you throw trash here and there, you may be ticketed for littering or receiving a charge of disorderly conduct.
And just to stay out of the legal trouble in your specific area or city, you should check back on the local rules and regulations. This way, you’ll be more certain whether you should go down this route of dumpster diving or not.
