
Is Dumpster Diving a Crime in Kentucky? Here’s What the Law Actually Says
I had to fish something out of a dumpster not too long ago, and wondered if it mattered if anyone caught me. It was on our work property, so it wouldn't have been a big deal. But a police officer might have asked if I had the right to be doing that. It made me wonder if dumpster diving is illegal.
Dumpster Divers Can Score Big With This Particular Pastime
I'm not really surprised there's a YouTube channel devoted to the practice, and this family has scored big. Allow me to present the Curbside Junkies.
As for this diving expedition's money-making possibilities? I'll refer you to a comment from the video:
@OriginalNethead - Check for recalls on the Captain Crunch; Quaker recalled a lot of their cereals including Captain Crunch. Since it's now yours fair and square, you could fill out the reimbursement thingie for the recall and donate whatever comes back to the blessing boxes.
Can You Legally Dumpster Dive in Kentucky?
I don't know where this family is from, but they would be totally in the clear if they were in Kentucky. But that's ONLY if the dumpster is not on private property; trespassing laws are the only legal issues that arise from diving. But that wasn't always the case; no less than the United States Supreme Court weighed in years ago about whether or not we were entitled to sift through someone else's trash.
This was the decision from California v. Greenwood, 486 U.S. 35:
The Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. Since respondents voluntarily left their trash for collection in an area particularly suited for public inspection, their claimed expectation of privacy in the inculpatory items they discarded was not objectively reasonable. It is common knowledge that plastic garbage bags left along a public street are readily accessible to animals, children, scavengers, snoops, and other members of the public. Moreover, respondents placed their refuse at the curb for the express purpose of conveying it to a third party, the trash collector, who might himself have sorted through it or permitted others, such as the police, to do so. The police cannot reasonably be expected to avert their eyes from evidence of criminal activity that could have been observed by any member of the public.
The diver you're about to see might just have that decision framed and hanging on his wall, considering the success he's enjoyed:
As for Kentucky? It appears you can dumpster dive to your heart's content. But if you see a posted "no dumpster diving" or "no trespassing" sign, moving right along will be your best option.
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