What is Junk Diving?
It may seem like an unappetizing and unusual activity, but dumpster diving has increasingly become an acceptable way for many people to take part in something of a game or treasure hunt and to search to make a few extra dollars or to acquire items for personal use. For the economically-insecure who are without other options, or the environmentally-conscious who seek to create less food waste, it can be used as a means of survival or to further an ethical cause.
While some experts trace the practice back to the 1980s, when "granny dumping" was common, dumpster diving itself has been occurring for centuries. People have long gone through trash to retrieve valuable items from the refuse. In fact, when plastic or paper recycling programs were first launched in the 1970s, the practice was encouraged to eliminate waste. However, as municipal governments moved from landfills to incineration for trash disposal in the early 1990s, the practice was discouraged. In more recent years, individuals have been asked to minimize food waste by redistributing food that would be thrown away, and to donate unwanted items to charity, rather than discarding them.
For people who view dumpster diving as a bit of a game or as a way to search for valuables, it can be a way to explore what is available first-hand, rather than second-hand, and to acquire items that are unusual or hard-to-find objects, as these are more likely to be discarded than made available for sale in stores . Items found in dumpsters can include: raw materials for hobbyist projects, clothing and accessories, home goods, furniture, electronics, appliances, building materials, work essentials, and food. Though the prey might be trash, the hunt, with all its possibilities, can be exciting. Even if little of high value is discovered, the thrill of the chase may be satisfying enough.
For people who are economically challenged, dumpster diving can be a way to obtain useful food, clothing, furniture, and other items that would otherwise be out of reach. Volunteers and those in recovery often pool their resources to scrape together enough money for rent and groceries. For others, dumpsters may be the only option. While there is no national estimate of the number of those who dumpster dive, one survey in the New York metropolitan area found that approximately 1-in-10 residents have done so in the past year.
For environmentally-conscious people, dumpster diving can be a way to minimize food waste and to utilize what would have otherwise gone to the landfill. While some argue that not all food is safe to eat, many don’t object to the practice of realizing the full value of food packaging. For example, some reports indicate that Americans alone throw away enough plastic to fill the entire state of Texas. In most cases, simple solutions can allow many to re-use that which would have been thrown away.
People dumpster dive for several reasons. Whether for financial savings, a love of hunting, or to minimize waste, this practice has increased in popularity in the past few years, as has the need for those experiencing it.
The Legality of Junk Diving in Indiana
The legal status of dumpster diving in Indiana is somewhat complex. In general, the state does not have any specific laws addressing dumpster diving. As such, common law rules may apply; these are governed by a number of different legal doctrines. In addition to common law rules, the main source of regulation for dumpster diving is likely to be civil trespass or criminal mischief, both of which may include dumpster diving as part of their legal definitions.
A dumpster dive may not be considered trespass if the diver is invited to do so by the property owner. In some cases, the open disposal of items that have been placed out for trash collection by the local waste management agency may be considered an invitation. Similarly, openly discarded items may or may not be considered abandoned property, which is a common law rule that encourages the movement of goods and helps to determine who has rightful ownership of a good. There have been a number of attempted court interpretations of the abandoned property doctrine, but to date there is no clear answer as to how this private property doctrine will be used to determine the legal status of dumpster diving in Indiana.
Trespassing and Property Rights Issues
For those who may be surprised that one can be charged with a trespass charge for dumpster diving, there are two major premises under which being charged can take place: no permission to occupy or no permission to be where you are and the defendants in each will act quite differently. If the dumpster diver is on private property, oftentimes by their own admission, not only do they not have permission to "occupy" the dumpster, they have no permission to be on the private property (the defendant accuses the business owner of not having their property posted as private property or not properly posting the property as private property). The dumpster diver has also taken the position that other than the number of instances in which they have had the police called, there are no citations issued for the trespass. The police respond, ask them to leave the private property and their response is that they are leaving and if they have to come back again, they are going to get a citation. However, these are presumptions of permission to be there, because the dumpster diver is admitting that they don’t have permission to be on the private property, nor do some of the dumpster divers see it as an actual "occupancy" (they consider the inside of the dumpster their "occupancy"). If this is accurately stated, there aren’t any trespass charges being enforced in the Indiana dumpster diving cases, unless a dumpster diver is out in the parking lot (typically early morning hours) and the dumpster diver admits that they were on the posted property while the dumpster diver was rummaging through the dumpster. As for trespassing on public property, however, the dumpster diver has had 100% occupancy in the dumpsters. The dumpster diver sees nothing wrong with occupying someone else’s garbage and going through it to find something of worth to them. Typically, if a trespass charge is going to be given, the police will ask the diver to leave the area (jail is a less desirable second option) and to sign a trespass citation against the day’s date. The citation will show up at the courthouse in the court’s system. It will be dismissed as not actually being a trespass charge, to which the dumpster diver demands proof of whether the citation has been filed on as a trespass charge and that the dumpster diver was never arrested.
Privacy and Ethical Concerns
While dumpster diving may not always be illegal, there are a number of moral and ethical considerations surrounding the practice. First and foremost, dumpster divers often sift through private information in both business and personal context. As discussed, many dumpster divers specifically target businesses because they are more likely to find valuable data. The problem is that without the consent of the individual responsible for the data (usually a customer), utilizing that data for any purpose is a serious privacy violation. This is especially the case when an individual’s social security number, bank information or date of birth is made public knowledge. While this is an issue with all information, the fact that it can be acquired so easily via dumpster diving makes it a more likely problem than information that Horovitz calls "harder to obtain information".
But the ethical considerations really go both ways. There’s also the matter of how readily businesses dispose of information, as their "due diligence" obligations to customers require that they do so in a manner that doesn’t reasonably allow for a dumpster diver to gain access. Regular personal information thefts have led to increased privacy laws at both the state and federal level, but dumpster divers may find themselves needing to balance their behavior so as to not violate these privacy laws. For example, assume a dumpster diver pulls out a bank statement and discovers account information. The bank will be in violation of privacy laws if they’ve failed to destroy that account information to protect the customer’s privacy. However, the dumpster diver could also legally be considered to be violating the same privacy laws if they retain that account information long enough that the bank knows about it and has a chance to stop the unauthorized practice.
In almost all circumstances, dumpster diving is not the type of crime that you will face serious criminal consequences for. Just like many other minor crimes, dumpster divers are mostly punished with civil fines and forfeitures. However, if a dumpster diver finds themselves in a portion of Indiana where the civil penalties have not been properly authorized, then criminal penalties may apply. The severity of these offenses are relatively low, usually misdemeanors at the highest tier.
Court Cases and Legal Precedents
A myriad of opinions exists around the issue of dumpster diving, but few have tackled the topic through case law. Two instigating factors of dumpster diving are privacy and waste management law. One of the main questions often asked is from a legal standpoint, can someone legally take property from a dumpster? For one, the definition of an abandoned item varies per state and municipality, which are the governing bodies that ultimately oversee dumpster divers. In 2005, the Indiana Supreme Court did make a personal property ruling that involved two teens rummaging through dumpsters. In the case of College v. McFarland, the court held that the Fourth Amendment of the Constitution, which protects people against unreasonable searches and seizures, extends to trash unless someone throws it away in "an area over which they have a reasonable expectation of privacy." The teens were found rummaging through a dumpster near their school, and the ruling determined that the two had reasonable expectation of privacy because the dumpster was located in an enclosed and fenced-in area. In the ruling, Justice Franklin C. Collins Jr. wrote, "By entrusting their trash to the dumpster, appellants did not abandon their privacy rights in it. The dumpster was inside a building surrounded by a 7-foot fence topped with barbed wire , and the only way into the fenced-in area was through two locked double doors. Given the heightened privacy interest, it was unreasonable for the police to enter the dumpster and search through the trash without a warrant." It’s important to note that this case law does not necessarily apply to any dumpster; if a dumpster is located outside or some place prone to regular entry, it is deemed public property. And as determined by the above finding, an example of acceptable dumpster diving would be if the dumpster were out in the parking lot of a store, where the society of the general public normally has access, better known as the "implied consent of the community." However, in a more recent case observed in Elkhart County, Indiana (Waldrep v. State), a man convicted of Level 1 felony charges found a different outcome with his dumpster diving when he was sentenced to 55 years in prison for identity theft in 2015. His charges included theft, residential entry and aiding and abetting after he allegedly went dumpster diving for personal information that included bank statements and social security cards. What set Waldrep apart from the teens in the College v. McFarland case is that his dumpster diving was strictly for the purpose of stealing identities. As always, the locality of law and its nuances come into play, but as for now the law in Indiana seems to be sided toward the diver.
Cautionary Tips for Junk Diving in Indiana
If diving dumpsters sounds very appealing to you, there are some things you should consider before taking the plunge:
Be Healthy: Only dumpster dive if you are healthy enough to do so. If you tend to get sick from food that has explosive effects on your stomach, stay away from potentially spoiled food. And when it comes to contaminated products such as spoiled food and medical waste, if it’s bad for the nose, it’s probably bad for your mouth. If you’re going to take a risk, make it worthwhile, and don’t let your newfound hobby cause you illness or injury.
Respect Signs: No one appreciates being tagged with graffiti – especially not the business owners – and especially not the people who maintain their business properties – so respect all posted signs. If someone says "No Trespassing" – don’t. Not only might you suffer the wrath of a wronged business owner, you’ll be breaking the law. Don’t just go into a dumpster because you "assume" it’s in the public domain – if there are signs saying you can’t go in there – then you really shouldn’t. That sign might be preventing you from entering and potentially hurting yourself or being in an area that is unsafe.
Be a Good Citizen: If you want people to respect your hobby, then don’t forget that you also have a responsibility to respect their rights. It is never a good idea to get harmful waste or damaged materials on another person’s property. So no matter how badly you want that refrigerator or those old clothes, grab them all and transport them properly in a closed truck or vehicle, and clean up your mess after taking your treasures.
Possible Alternatives to Junk Diving
For those who are still interested in supporting food waste reduction and diverting waste from landfills, there are a number of legal and ethical alternatives to dumpster diving. Legal food rescue programs that will put unwanted but wholesome food into the hands of those in need can be found in most Indiana communities. There is also a robust system of second-hand retail shops, thrift stores, and giveaway centers in every community. For example, Goodwill of Central and Southern Indiana (Goodwill) operates 17 retail stores which accept donations from individuals and businesses to sell to support job training programs in our communities . Retail store manager, Lydia Cummings, notes "there’s absolutely nothing wrong with second hand goods." And, organizations like Goodwill are increasingly playing a prominent role in "[c]ommunities across Indiana are hosting ‘Swap Markets’ and ‘Buy Nothing Pages’ on Facebook, where individuals can drop off unwanted items for others to take, at no cost." Wholesome food diverted through food rescue programs or second-hand goods diverted through donations do not waste valuable materials and put them in the hands of those who need them the most – without breaking the law or harming others.