Dumpster Diving in New Hampshire
Upon my recent encounter with the Nashua Police while dumpster diving, the question of its legality has come into question, and although the normal diver would simply insist that when one disposes of garbage they are technically giving up all legal rights to that garbage, this is not always the case. The new concept of identity theft is the new excuse for police to not allow dumpster diving, and at the surface, this seems like a reasonable assertion for police officers to make. Not only is this assertion made, but also, from the garbage's previous owner, that it is her's/his own personal property, and thusly would be protected under the state's constitution, Part 1, Article 19. Article 19 which states,
" [Art.] 19. [Searches and Seizures Regulated.] Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. Therefore, all warrants to search suspected places, or arrest a person for examination or trial in prosecutions for criminal matters, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order, in a warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure; and no warrant ought to be issued; but in cases and with the formalities, prescribed by law."
However, this is not the case. As stated by the Supreme Court of the United States, "[i]t is common knowledge that plastic garbage bags left on or at the side of a public street are readily accessible to animals, children, scavengers, snoops, and other members of the public." California v. Greenwood, 486 U.S. 35, 40 (1988).
Not only is it common knowledge that a third party will be involved, at the very least, being the trash collector, but also "[i]t is not infrequent that valuable items are placed in the trash in hopes that someone passing by will see them . . . and make good use of them." Moran v. State, 644 N.E.2d 536, 541 (Ind. 1994).
As taken from California v. Greenwood, “What a person knowingly exposes to the public, even in his own home or office, [is not entitled to constitutional protection]” Greenwood, 486 U.S. at 41.
So the question then becomes, what is public and what is private? Can I still dumpster my favorite stores? And the answer is simple, because no one truly expects their garbage to remain private, and would have a difficult time proving that they truly expected their garbage to remain untouched, it can be said that dumpster diving is legal in this state.
" [Art.] 19. [Searches and Seizures Regulated.] Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. Therefore, all warrants to search suspected places, or arrest a person for examination or trial in prosecutions for criminal matters, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order, in a warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure; and no warrant ought to be issued; but in cases and with the formalities, prescribed by law."
However, this is not the case. As stated by the Supreme Court of the United States, "[i]t is common knowledge that plastic garbage bags left on or at the side of a public street are readily accessible to animals, children, scavengers, snoops, and other members of the public." California v. Greenwood, 486 U.S. 35, 40 (1988).
Not only is it common knowledge that a third party will be involved, at the very least, being the trash collector, but also "[i]t is not infrequent that valuable items are placed in the trash in hopes that someone passing by will see them . . . and make good use of them." Moran v. State, 644 N.E.2d 536, 541 (Ind. 1994).
As taken from California v. Greenwood, “What a person knowingly exposes to the public, even in his own home or office, [is not entitled to constitutional protection]” Greenwood, 486 U.S. at 41.
So the question then becomes, what is public and what is private? Can I still dumpster my favorite stores? And the answer is simple, because no one truly expects their garbage to remain private, and would have a difficult time proving that they truly expected their garbage to remain untouched, it can be said that dumpster diving is legal in this state.