Legal Question in Criminal Law in Michigan

A matter of theft?

I know this is going to sound completely ridiculous and desperate, but I'm a college student that is looking for ways to get a few bucks here and there.

My question: Is taking pop cans out of people's recycling bins and cashing them in at the store illegal? I would so do it, but I am afraid of the ramifications.


Asked on 6/03/09, 11:19 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: A matter of theft?

Whether this is a "theft" turns on whether the person who left the recycling at the curb has abandoned it as personal property. It's like a bag of trash left at the curb: they are not asserting control over it so it isn't their property any more. You cannot steal abandoned or lost property.

The only twist here is that this isn't garbage. It may be in a recycling bin that says "City of ____ Recycling", and the City may claim that it is THEIR property when the items are put in the box and put out at the street ... and they make money by recycling items ... etc.

You're better off looking for pop cans on the side of the street (lost items ... no owner ... so not a crime to take them).

Oh, and good luck at U of M next Fall! (Sorry, I couldn't resist the shot.)

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Answered on 6/05/09, 10:50 am


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