Legal Question in Real Estate Law in California

In Californa, regarding "trash law", I have read California vs Greenwood but applied only to poice evidence collected in the person's trash. My question is that when I throw my household garbage bags in the central dumpster in my aparment's property, is that property still mine? My intent is that it is not yet abandoned until the Garbage Company retrieves it. Therefore a homeless person, who trespasses onto the propery, is stealing if he retrieves anything from my garbage.

Asked on 11/10/12, 2:23 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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I don't agree. Throwing items into the trash, even if into a one-family garbage disposal container, amounts to relinquishing ownership and control. In your case, it was a community Dumpster, where your items were commingled with others' discards. I don't think you would prevail in a civil action, nor would a D.A. in a criminal action, alleging an improper taking of your property. This simply isn't theft, or "stealing" in the eyes of the law. At most, the Dumpster diver was committing a civil trespass, but even this would be tough to prove.

Answered on 11/10/12, 8:47 pm

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