Legal Question in Civil Litigation in New Mexico

Taking documents from my home trash container and using them against me

Is it legal to take sacks of trash from a private residence to cull through the trash insearch of documents and then use them in an ongoing legal fight against me?


Asked on 8/23/00, 10:22 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Taking documents from my home trash container and using them against me

You have no expectation of privacy in your trash. That has been ruled upon many times.

Whoever took your trash may be guilty of trespass, but it is not illegal to take the trash. By definition, since you have abandoned it, the property is not protected by privacy considerations and is available for legitimate use by whoever retrieves it.

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Answered on 9/29/00, 10:37 am


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