My husband and I are having a disagreement. He heard that you can be arrested for stealing someone's garbage if it is in the bag, in the can, but still on their property. I said you cannot be arrested for stealing, you can only be arrested for trespassing, and that once garbage is thrown away it is public property. Maybe someone can help us with this? We live in New Jersey, maybe our state has a different law.
2006-09-11 14:11:54 · 16 answers · asked by Zara 2 in Politics & Government ➔ Law & Ethics
The Supreme Court ruled that once trash was put out for collection, it was considered abandoned property and anyoen could go through it. This was a ruling in a case where police searched the trash after it was put out. If the trash is not ut out for collection, it is still the person's private property with an expectation of privacy.
In other words, if the can is moved to where it is normally left for collection, you cna take it. This is irrelevan of the collection location and the private property line. If the can is anywhere other than the collection point, it is still private property and you can not take it.
2006-09-11 15:56:14 · answer #1 · answered by Steve R 3 · 0⤊ 0⤋
You can be arrested for more than just trespassing and stealing in NJ, if either the city or the property owner wants to press charges. Until their garbage is picked up, it is still their personal property. Once it leaves the premises, via garbage collector, it's up for grabs.
2006-09-11 21:17:49 · answer #2 · answered by skyeblue 5 · 0⤊ 0⤋
I understand that once it is put into a trash receptacle that it is indeed trash and not your private property...
That does not give anyone permission to trespass on your property to go through or take your trash...
The trash only becomes "fair game" once the trash is moved onto public property for collection...
2006-09-11 21:21:09 · answer #3 · answered by Anonymous · 0⤊ 0⤋
4 ft of the curb belongs to the state, if you set it there it is public domain, however many home owners associations do not allow trash picking, to avoid trash pickers build a small fenced in area to place your trash in. build it at the curb line but still on your property place a sign in front that says waste management personnel only trespassers will be prosecuted. :)
2006-09-11 21:53:26 · answer #4 · answered by steevo 3 · 0⤊ 0⤋
Garbage is legally abandoned property. Cant be stolen. trespassing could be a problem though
2006-09-11 23:46:24 · answer #5 · answered by illusionaryr 2 · 0⤊ 0⤋
From what I have heard it is stealing if it is taken on your property, but it is public property once it is taken to the curb or picked up by the sanitation department.
2006-09-11 21:18:28 · answer #6 · answered by Newt 4 · 0⤊ 1⤋
Once it's out for pickup it's free for anyone to take. If it's by the house it is not. For purposes of search and seizure by law enforcement, it goes to your expectation of privacy in the contents of that trash bag. I would guess for purposes of theft, you haven't really committed yourself to throwing it away until you roll the bin to the street for pickup.
2006-09-11 21:21:08 · answer #7 · answered by Catspaw 6 · 0⤊ 0⤋
If the garbage can with your garbage in it is sitting on your property, then isn't that private property???Not public?
Call your property valuation administration....Good question and good luck...................kiss and make up either way
2006-09-11 21:19:19 · answer #8 · answered by mom of a boy and girl 5 · 0⤊ 0⤋
not if it is on your property after it leaves there it is public. On the shows you see that in alleys but those are on public streets
2006-09-11 23:05:09 · answer #9 · answered by mike L 4 · 0⤊ 0⤋
The FBI go through folks garbage, so if it is notfree for the taking, they are breaking the law. But then again, gov. doesn't have to live by the laws of the land-huh?
2006-09-11 21:17:42 · answer #10 · answered by glass man 3 · 0⤊ 2⤋