Dumpster Diving Explained
It’s not a pretty mental image, someone going through your trash. But people dumpster dive for all sorts of reasons. In fact, dumpster diving has its roots in junk art – used mostly by artists and musicians to generate materials for their creative processes. As early as the 1970s, people have gone through dumpsters for the purposes of collecting scrap metal, old furniture, appliances, and even construction equipment. It’s believed that the rise of dumpster diving came about in part because of the recycling movements of the time – people began thinking that if it had worth to someone on the outside, it shouldn’t be thrown away. This was the opposite of how most of society thought back then: anything that wasn’t useful to them was disposable. The recycling movement gave rise to the dumpster diving movement , but with a more artistic and resourceful agenda. Artists eventually began to take "art scraps" from dumpsters, which is what began the rise in the practice we see today. In addition to collecting supplies, people also dumpster dive for something to eat. Grocery stores and bakeries toss out food nearly every single day. In fact, according to Harvard Law School, restaurants in the United States waste about 22 million tons of food annually. People tend to think that any food taken from a dumpster is bad and should be thrown away, but food that’s still perfectly edible is often tossed, and dumpster divers believe it shouldn’t be. And while dumpster diving for scrap metal may be on the rise, people have always used this practice as a means to find clothing and other items.
The Laws of Dumpster Diving in Minnesota
Minnesota has specific laws regarding private property, which also applies to dumpster diving. Minnesota Statute § 609.779 is the relevant statute: Subd. 2. Trespass on watercraft, public lands, or waters; violation. (a) Whoever does not have a good faith claim of right or other privilege to enter or remain in any of the following places is guilty of a misdemeanor: (3) an enclosed area of publicly owned or controlled land or waters, including a state park, which is posted with signs forbidding trespass in both English and Spanish or is maintained in a manner that forbids entry in both English and Spanish; Minnesota’s definition of trespass, as well as this particular statute, relating to trespassing of waters and/or public property, is limited to real property owned or leased by a private party or the government. State v. Rodriguez, 731 N.W.2d 815 – Minn. 2007. This statute specifically deals with not just waters and public lands, but waters and lands that are owned by the public. The land must be owned by a unit of government, not just privately owned property. Thus, trespassing and dumpster diving on non-public property would likely fall under other misdemeanor offenses, such as theft or harassment. Specifically, Minnesota Statute § 609.25 provides: Subdivision 1. Definitions. For the purposes of this section the terms defined in subdivisions 2 to 6 have the meanings given them. Subdivision 2. Theft. "Theft of property." "To deprive" means: "Deprive" means: Subdivision 3. Burglary. "Burglary." "Enter" means: "Enter" means: Subdivision 4. Trespass. "Unlawful occupancy." "Occupy" means: Subdivision 5. Criminal Sexual Conduct in the First, Second, Third and Fourth Degrees. "Criminal sexual conduct in the first degree." "Act" includes: Subdivision 6. Assault. "Assault in the first degree." Subdivision 11. Harassment. "To harass" means: Minnesota Statute § 609.749 defines harassment as occurring when a person "engages in the following conduct directed at a specific person or persons that the actor knows will cause the specific person or persons distress." What conduct qualifies as "harassment"? Impossible to tell really, but at a minimum, it is acting in a manner that involves refusing to leave after being asked by an authorized person, and interfering with the person’s rights, with offensive or intrusive acts, and under circumstances which make it reasonable to believe that the actor knows, or should know, that the conduct would have that effect. Paying attention to some key elements in the statute, as they apply to the question of whether dumpster diving is legal. Who owns the dumpster? If a private party owns the dumpster, then they have to tell you to leave… and, it can’t be too much of a stretch to conclude that at least some dumpsters may be intended to harbor their refuse in peace. If the property is not posted, then it seems to me that the trespass elements are not met. Another major restriction this statute has a "harassment" element, which means that there has to be intent behind the action of dumpster diving; namely that the diver’s intent is to harass someone. So what if you just want a soda can or two? As often happens in these analyses, there’s a catch. Minnesota Statute § 609.688 (1) also prohibits fraudulently obtaining a telephone or other service to a residence. Specific to this section, fraudulently means: To be fraudulent, the official Minnesota definition of fraud also requires: At the end of the day, I think because the dumpster diver has to consider the possibility of being charged with a felony, it is not worth it to dumpster dive in Minnesota. Perhaps in the same way that people within the State of New York have recently made national headlines by bucking big soda laws and ordering large sodas to prove a point, a dumpster diving party could potentially make a name for themselves in Minnesota, but it is probably ill-advised.
Potential Legal Risks and Ramifications
In Minnesota, illegally entering onto what may appear to be personal property to search through someone’s dumpster, whether it physically belongs to you or not, treads into legal territory that is as murky as the trash you’re rummaging through. When examining the legality of dumpster diving from a Minnesota law standpoint, focus is given to three issues: trespass, theft, and ordinances. The issues tend to overlap with each other.
Trespassing is a civil violation — an individual has the right to sue for damages/demands for compensation. Trespass to a home ("home" includes all buildings and structures used for habitation") is often treated more harshly than trespass to other structures, such as a dumpster. However, there are basic principles of trespass that must be understood when dumpster diving. Essentially, a landowner must manifest an intent to exclude potential trespassers; otherwise, there is no trespass to the property. In many cases, a landowner can manifest intent simply by placing a "no trespassing" sign near a building or a dumpster. A more effective method of granting specific persons permission to enter is designating that person as an "invitee" of the landowner. An invitee is a person who is explicitly invited onto the land of another. Those individuals are entitled to be on the property and can only be removed upon demand. Lacking permission to enter into the property, the invitee may be charged with trespassing. Even if an offense has been committed, unless the landowner of the property suffered real harm, or there is sufficient likelihood that serious harm will arise unless the person commits an offense, the person committing the trespass will not be charged with a crime. Instead, the trespasser will be asked to leave, ordered to pay for any damages, and possibly sued for additional damages. After a property owner manages to prove he or she suffered substantial harm, however, the person committing the trespass may be charged with a misdemeanor. Under Minn. Stat. § 609.605, a person is guilty of a gross misdemeanor and/or sentenced to up to one year in jail, fined up to $3,000, or both if that person "(1) enters or remains because of an express or implied claim of right or privilege that the person knows is false, deceptive, or fraudulent . . . or (2) enters or remains knowing that the premises have been duly posted."
If property is taken from the dumpster that was not meant to be discarded, the question of theft arises. While it is true that the property that goes into the dumpster is, in legal terms, abandoned, whatever property you take that was not intended to be discarded is still the property of someone else. It is theft, therefore, and can result in a violation of Minn. Stat. § 609.52 if the property involved is valued at more than $250. Theft can be a serious criminal charge. If the property is valued under $250, it is a petty misdemeanor. Theft to an amount of $250 or more is a misdemeanor. Theft of property valued at $5,000 or more is a felony. Theft also includes other acts of taking away, such as embezzlement, shoplifting, obtaining property under false pretenses, theft of services, and seizure. For more serious theft charges, jail time can last up to 20 years for grand theft, with four degrees of felony levels in-between. Thieves convicted for robbery, burglary and in-custody charges can expect a minimum of 20 years in prison. Thieves convicted of shoplifting can expect five years. Aside from jail and fines associated with violations of Minn. Stat. § 609.52, other penalties of theft include being barred from holding certain professions. Even in-shop theft (shoplifting) and petty theft, a misdemeanor that carries a fine of $1,000 and/or six months in jail, can prohibit you from obtaining a professional license in the future. Those positions include nurse, attorney, teacher, and accountant, among many others.
Other legal issues that dumpster divers may face arise from Minneapolis city ordinances. City ordinances prohibit accessing waste containers except as authorized by law. Minn. Code of Ordinances Sec. 18.150. Even further, Minneapolis requires a permit: "No person shall permit refuse, rubbish, garbage, recyclable materials or other items to be placed in a waste container unless the waste container is placed within the boundaries of the premises identified in the permit." Id. The city ordinance also grants a police officer permission to seize any discarded property within a waste container. Id.
The Ethics of Dumpster Diving
Before diving head-first into someone else’s refuse, it is important for dumpster divers to be aware of the ethical considerations at play. Most of us consider ownership to be an important issue. After all, nobody wants a thief rummaging through their purse or a burglar rifling through their house. However, exactly who owns the stuff that gets thrown in the trash is not always clear. One argument is that anything thrown away becomes community property and thus belongs to no one. The majority view is that once an item is discarded as trash by its owner, that item can be legally collected without any expectations of privacy. This view assumes that after an item is thrown in the trash it is no longer owned, but rather belonged to whoever picks it up first. Therefore, dumpster diving should be freed from any ethical consideration. However, we do not throw away waste indiscriminately. Since people only put out items that they no longer want , we may consider an item to belong to the former owner until it is collected. If we travel farther down that road, we find ourselves considering the ethical implications of throwing things into the trash in the first place. Most environmentalists believe that throw-away culture dampens our value for things. By suggesting that the majority of belongings belong to no one until picked up by the next person in line, we fail to recognize the labor and resources it took to produce the object in the first place. When we toss out something just because we are tired of it or because it is inconvenient, it encourages a culture of wastefulness and lack of appreciation. Once we recognize the full measure of the impact of our throw-away society, we may find that actions such as dumpster diving are more ethically questionable than we originally thought. However, most activists would agree that recycling rather than dumpster diving is the most ethically responsible choice.
How to Dumpster Dive Legally and Safely
Tips for Safe and Legal Dumpster Diving in Minnesota
If you’ve decided to move ahead with dumpster diving, or merely want to explore the idea of salvaging some discarded items, it’s important to do so in a smart and safe way that mitigates any legal risks.
First, it is often best to think of dumpster diving as a method of shopping, rather than a method of acquiring goods. Simply put, if you arrive at the dumpster after it’s been emptied, it may be locked.
In many cases, dumpsters talked about on online blogs, social media and in person are located in areas secured by fences, or only accessible through codes, key cards, intercoms and/or keys. So even though you have the right to access those goods, think about it in terms of purchasing a good. If you think of ways to make your "good" that you are literally keeping in your possession from other "goods" that are locked behind a gate, you’ll likely remain law-abiding.
Second, dumpster diving is best done when you are in the company of at least one other person so that both parties can keep an eye on anything that may be illegal or harmful. In other words, the more you’re able to keep up with the number of goods in a dumpster the better.
Third, always be sure to wash your clothes immediately after diving and take a shower as soon as possible afterwards to limit your exposure to any potential contaminants.
Remember that dumpster diving is not theft in Minnesota, but there are other ways to break the law while dumpster diving. It’s important to do your research ahead of time and to talk with an attorney if you have any potential legal worries.
Dumpster Diving Alternatives
If our current waste disposal system is not an option for you, alternatives exist. While rummaging through the trash at your local community center may be tempting, there are other ways to reduce waste without the risk of breaking the law. However, there are 501(c)(3) non-profit organizations in all 50 states that can help you legally obtain some discarded items. Alternative programs are also a great way to not only obtain free items, but to repurpose waste into something that can be used. As it is, there is a single source for businesses to donate their unwanted items, called Donation Town. There are many community organizations that aid in connecting those in need with items of use. For example, the Spare Foundation in Bloomington works with boutiques and retail stores across the Twin Cities to provide clothing free of charge to families in desperate need. Likewise , The Sharing and Caring Hands program is a Minneapolis based organization that can provide free clothing and food to those in need. The organization accepts clothing donated by individuals or businesses. In addition, churches accept donations from nervous donors via a donation bin located outside their place of worship. Organizations like Food Rescue Minneapolis and FoodNotBombs hack away at the food waste dilemma. FoodNotBombs is a non-religious local group of dumpster divers that literally run around and grab food out of dumpsters and distribute them to local homeless shelters. Food Rescue Minneapolis works as a team of volunteers to recover food from grocery stores, restaurants and events to redistribute to hungry citizens in need. Food Rescue Minneapolis takes it a step further, partnering with grocery stores, restaurants, hotels, and event centers, to collect nearly-expired food from their storage to be distributed to local churches, youth centers and community kitchens throughout the Twin Cities and surrounding areas.