Can You Legally Dumpster Dive In New York?

When the economy tanks (like it is now), lots of New Yorkers look for ways to save money. I've watched tons of social media videos of people finding all types of treaures in dumpsters...but is it legal?

New Yorkers find all types of valuables when they dumpster dive, including furniture, appliances, dishes, artwork, clothing and shoes, products discarded by retailers, and even food. I found around 4 or 5 nice paintings that had been put in the dumpster in one of the apartments I lived in. I get compliments on them to this day! 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, recalled items 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 diving. I didn't go all the way into the dumpster, but I would see what was in eye sight and reach. 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 than that.

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.

With the law working against people when it comes to trash, you should definitely buy a shredder and permanent markers. I never throw out any mail that hasn't been shreeded and/or had the label blacked out. That way, at least my documents with private and personal information are less easy to access in the trash.

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

Get our free mobile app