I live with someone who thinks it's okay to go through my bags of trash and take what he likes. Apart from the ethical and moral repugnancy of this, is there any legal recourse? It's driving me up the wall because I know that this person has committed crimes and I'm afraid of identity theft. Any help would be great.
2007-03-03 12:16:32 · 16 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
It is legal to go over someone trash because you had already disposed that property. If he steals your identity because of that, he will be prosecuted for identity theft, not for going over your trash. It is your responsibility to take a reasonable care and due diligence to protect your identity, and therefore not to dispose of anything that clearly might help to steal it.
You can still sue that person for trespassing.
2007-03-03 12:35:21 · answer #1 · answered by OC 7 · 1⤊ 0⤋
And you live with this person why? In most areas, once you put the trash on the curb (off your property) you give up the right to a reasonable expectation of privacy. However it is illegal of course to use another person's information for the purposes of ID theft...etc, regardless of how/where it was obtained. My suggestions? Get a new roomie, and shred anything with personal info on it.
2007-03-05 15:46:01 · answer #2 · answered by Hootiesplace 3 · 0⤊ 0⤋
If your living together and share the same garbage can your SOL. if your living in seperate rooms, and have distinct areas that are just yours and he has his own area, and the garbage is in your room then he is trespassing. Would an officer make that distinction, most likely not as there would be almost no chance of a conviction. If your placing your garbage bags in a location that is knows as a pickup point, ie curb, dumpster, garbage shoot, ect then it is open for anyone who wants to, to go through it.
if your living in a house with three other people and you all agree that the front porch is the area that garbage bags are kept until garbage day, or stored until the morning, then those bags are fair game to the residents of the house. when they are placed on the curb then anyone can go through them.
2007-03-03 21:07:38 · answer #3 · answered by vpsoomalley 2 · 0⤊ 0⤋
For the most part, once you place something at the curb, you are "disposing" of it. You are saying I no longer want this and are in fact giving up "possession". Courts say if it is that important to you, why are you throwing it out? Its going to the dump, so at what point is it no longer yours? The curb is usually it.
Anyone can take it and it is not "stealing".
As far as identity theft, don't put anything in the trash you wouldn't want the biggest crack head theif getting his hands on. SHREAD everything with a really good shreader (not the 19.99 Wal Mart one. The best you can get!!) and burn any discs or hard drives you may throw out. Don't give out your SS # to anyone, unless 100% needed. They aren't going to protect your info like you. trust me. Get off CC mailing lists. Gold mine for ID theft. And protect your computer with a good firewall and change codes often.
And buy duct tape. Lots of duct tape!
2007-03-03 20:25:37 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Obviously, if it's trash, that means you don't want it. That's how we get rid of furniture that's not worth selling (we live in Ohio) -- put it out on the curb.
If you're worried about identity theft, shred your documents before throwing them away, or if you have a fireplace, burn them.
2007-03-03 20:41:53 · answer #5 · answered by ? 6 · 0⤊ 0⤋
I think that once you put it out on the curb it's fair game. You don't want it any more-otherwise why would you be throwing it away? As for identity theft- invest in a shredder and that problem is sorted.
2007-03-03 20:20:50 · answer #6 · answered by Julia Sugarbaker 7 · 1⤊ 0⤋
Lock it up. And don't throw anything away that could be used for identity theft. Last resort: Pack it out with you toss it in a dumpster somewhere.
Get a new roommate.
2007-03-03 20:20:20 · answer #7 · answered by hatchland 3 · 0⤊ 0⤋
It is illegal anywhere to go through someone's trash. As far as identity theft, a lot of it is done by family members or someone close to the family. You should be nervouse about it. If you do not have something that monitors, alerts, and restores, email me, i might be able to help!
2007-03-03 20:21:50 · answer #8 · answered by gatorgirl 5 · 0⤊ 2⤋
Your friend is right barring some specific state law making dumpster diving a crime.
The cops have been going in criminals garbage for years. Nothing legally wrong with it. That is property that you have abandoned claim to by throwing it away.
2007-03-03 20:20:44 · answer #9 · answered by John16 5 · 0⤊ 0⤋
Buy a paper shredder, and throw away what you don't want outside - where he can't get it. Although there is a reasonable expectation of privacy in your garbage, until it is outside in the bin for pick up, you can expect that it can be retrieved.
2007-03-03 20:24:43 · answer #10 · answered by puppyfred 4 · 0⤊ 0⤋