As a Pennsylvania divorce lawyer, Scott L. Levine’s practice is focused on informing clients of all relevant aspects of their legal situation. Of course, the law is never black & white, and can often cross between criminal, family or civil aspects. One such matter, often asked of lawyers, is the legal status of is dumpster diving legal in pennsylvania? What are the property rights issues, how does it cross over with privacy law? What is important to know?
What is dumpster diving? Simply put: dumpster diving is stealing, if you don’t own the items you’re taking. If someone goes out at night to pick through the neighborhood trash to make a little extra money – that’s not usually a crime. If you take someone’s trash, it turns out, you’re taking property. Property laws vary from state to state, and here are some of the general parameters:
Is dumpster diving illegal in Pennsylvania?
Although dumpster diving laws could be considered most closely related to theft, there are many practical concerns, such as local laws. While dumpster diving without permission (in which you are expected to return the items) is considered breaking the law, to be “caught in the act” can prove difficult for police officers. Under property laws, if claims of dumpster diving arise in a Pennsylvania court of law, the act itself will not be considered illegal, but there are many grey areas that might be missed before making a move.
Expectations of Privacy
While privacy laws in Pennsylvania differ greatly from other states, this would be particularly true in the case of dumpster ashes. This is a far more valuable resource, and the loss of which can be devastating to those who disposed it. Private waste disposal or large containers left in private driveways are situations in which dumpster diving has been known to occur.
Trash searches, such as those performed by the FBI, DEA, or other state police departments in Pennsylvania, almost always require a search warrant. If you waited until the trash has been set out (ranging from the time before garbage collection in the early morning until the time you collect it, often up to 5AM), then the trash is considered sufficient property to search. However, once garbage collection has occurred, the items are considered public. This means that – unless the trash is contained in a place left open to the public (cul-de-sac, shared drive-way) – the dumpster diving is illegal. If it is a dumpster that is privately owned and registered with a recycling service (such as those around households in major cities) then waste management companies often have different rules. Because of this, while a dumpster may seem like an easy resource to search through at any time, it is best to confirm property ownership.
Pennsylvania Family Law, Divorce, Privacy Rights, & Dumpster Diving
In a recent case in Harrisburg, Pennsylvania, junk cars and dumpsters resulted in a 75k penalty for a driver who answered a $10 phone question. This was for private dumpster disposal but, under the same logic, could have easily resulted from a dumpster dumpster search. Under Pennsylvania law, if there is property found that could result in determining the future of a custody agreement, divorce, or any related proceedings conducted by the Judge, the items in question could be admissible. If a dumpster is behind a private home, but accessible, a divorce attorney could seek additional search warrants if necessary.
Could there be legal consequences for repetitive trash diving?
In some cases, police could attempt a misdemeanor charge. The investigation would be the responsibility of the Pennsylvania police, FBI, and other agencies. Other than these more severe actions, you could be charged with trespass, or a minor charge.
What if I’m a Professional, handling evidence?
If you are a private investigator, attorney or health therapist you have a professional responsibility not to mishandle any material or evidence obtained through a search of any kind. This could lead to a case being thrown out, or it might require any privacy logs to be captured to use in court. It is always important to take careful notes, as well as witness any actions against a person’s personal property. In some cases, you might even have more stringent requirements.
What if the Divorce Unit tests someone?
If the divorce unit is involved, it’s best to consult a family law attorney or judge if they can pursue dumpster ashes. More specifically, this would be if they were opening anything that contained full addresses. In some cases, it could be thrown out, in others, it may well be held up. There are many layers to the law that make this a case-by-case basis.
What if I have a question?
There are many questions regarding dumpster searching and privacy values of personal property. Those expected privacy values are often preferred at the family law level when any notable personal items are included within remaining property.
For more information on privacy laws, you can visit Wikipedia on Privacy Law.
