In New York, dumpster diving is generally legal. A Supreme Court case in 1988, California v. Greenwood, established that there is no reasonable expectation of privacy for discarded items. This ruling set a precedent that makes dumpster diving legal across the United States, provided it doesn’t violate any local, city, or state ordinances.
Restrictions and Considerations
- Trespassing: Divers must respect trespassing laws. Entering private property to access a dumpster could lead to prosecution for trespassing. Businesses can ban individuals from their premises for trespassing.
- Private vs. Public Property: It is legal to dive into dumpsters on public property, such as garbage pickup curbs, in most New York cities. Searching through dumpsters still inside a private residence may result in charges of trespass or theft.
- Local Ordinances: Divers should be aware of and adhere to local ordinances and municipal codes, which can vary by city or county.
- “No Trespassing” Signs: Divers should avoid dumpster diving on private property with clearly visible “No Trespassing” signs.
- Other Potential Charges: Charges such as disorderly behavior, illegal dumping, and littering could be brought against divers.
- Night Diving: Dumpster diving at night is legal in New York, but it may attract unwanted attention and potential encounters with law enforcement.
Best Practices
- Permission: Before diving at a business, it is advisable to get permission.
- Avoid Obstruction: Do not interfere with waste management services or obstruct public access.
- Respect Property: Avoid making a mess or damaging property while diving.
SOURCE
[1] https://bizarrehobby.org/dumpster-diving-in-new-york/
[2] https://lite987.com/dumpster-diving-illegal-new-york/
[3] https://scrapsafari.com/dumpster-diving-in-new-york/
[4] https://wour.com/dumpster-diving-in-new-york/
