Is Dumpster Diving Illegal In New York State?

Is it against the law to look through dumpsters in New York in search of treasures? I've heard lots of stories of people who found brand new products while looking through dumpsters behind big box and other retail stores. But is it legal?

People go dumpster diving for all types of things - Furniture, appliances, dishes, artwork, clothing and shoes, products discarded by retailers, and even food. One of my apartments had a trash room and I found around 4 or 5 nice paintings that had been put in the dumpster. I still have them hanging on my walls today! But, let's not pretend that dumpster diving is all nice paintings and unopened products. There can be a lot of nasty stuff in dumpsters, including chemicals, rodents, spoiled food, weapons, blood, etc.

Can You Be Arrested For Dumpster Diving In New York?

Back when I was young and carefree I would do a little dumpster driving. I wasn't one to go all the way into the dumpster, but rather take a peek around it. If something was sitting out or easily accessible, I would go for it. My aversion to gross things wouldn't allow me to go further. I did find some pretty good treasures, for a young kid. But, if you dumpster dive in New York, could you be arrested for it?

It depends.

There are a couple of factors to consider. If the bin is on private property, you certainly could get into legal trouble. According to Legal Match,

"Dumpster diving on private property is illegal without permission from the owner of the property. A person may get a citation or even be arrested for dumpster diving on private property. One thing a person interested in dumpster diving can do is look for signs that warn that the property is private and the public is not invited to enter. Places with signs such as these should be off-limits."

In 1988, The United States Supreme Court forever changed the level of privacy Americans have over their trash. In the case of California v. Greenwood, 486 U.S. 35, the court ruled that Americans should have no reasonable expectation of privacy when it comes to their discarded trash. Once refuse is put out for trash collectors, it is fair game. Police can even search a suspect's trash without a warrant.

That basically means that if there are no signs stating that the dumpster is on private property and that trespassing is prohibited, the trash can be searched through, for whatever purpose.

One thing I invested in is a shredder. I think I got it for 20 bucks from Target. That way, at least my documents with private and personal information are less easy to access in the trash. I also block out my address and all label information on any packages I receive using a permanent marker.

The moral of the story is if you choose to go dumpster diving, be aware and be careful.

***This article is not intended to provide legal advice or counsel

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