Is Dumpster Diving Illegal In Colorado

**Barb_61** · 02-20-2008, 11:22 AM

Wondering If Any One Knows If It Is Against The Law In Colorado To Dumpster Dive

**blueeagle** · 02-21-2008, 01:14 PM

I'm not sure. I know I wouldn't do it even if it was legal. Most disgusting thing known to man...

**aaron** · 02-21-2008, 01:45 PM

It's illegal to trespass, so make sure that you don't trespass.

**Barb_61** · 02-22-2008, 12:14 PM

Not me doin it cops did it to me . And they tresspassed on my property on a off trash day , Trash men won't pick up my trash unless I take my dumpsters (that I owen) out to the alley . So would it be an illegal act for the cops to do that or is it legal . cops said they RESPONDED to my address with city trash crew to secure my trash . My trash was picked up day before . so cop must have called them to come over here . wondering can they do that?

**aaron** · 02-22-2008, 12:17 PM

You mean to say, the police searched your garbage for evidence of criminal activity? That happens.

**Barb_61** · 02-22-2008, 04:31 PM

yes they did . can they legally do that if my trash was not set out for the trash men to pick up . They came on my property without my permission , and would have had to call trash crew to make a special trip over to my house . I could see if my trash was out ready for the trash men to take . And that is what the affidavitt stated .That is a lie. The officer stated he responded to my address with the trash crew to secure my trash that was (beside the garage in the alley) . My trash cans are beside the garage up by my house all week and on wednesday nights I pull them out to the alley for removal on Thursday morning . The trash men won't pick up my trash cans beside my garage . And it was a Friday that the officer said he came . At that point the cans were beside the garage again . Not out for diposal. and empty at that .how legal is that? Just wondering where they draw the line.

**Mr. Knowitall** · 02-25-2008, 10:37 AM

You are free to have your lawyer argue that your trash had not been moved to a public location, and thus that you still retained a reasonable expectation of privacy in your garbage.

**BOR** · 02-25-2008, 12:26 PM

Quoting Barb_61

Not me doin it cops did it to me . And they tresspassed on my property on a off trash day , Trash men won't pick up my trash unless I take my dumpsters (that I owen) out to the alley . So would it be an illegal act for the cops to do that or is it legal . cops said they RESPONDED to my address with city trash crew to secure my trash . My trash was picked up day before . so cop must have called them to come over here . wondering can they do that?

Here is a list of states concerning police and trash searching. The USSC has ruled there is NO 4th Amendment violation for police to search through trash OUTSIDE the curtilage of the home. Some states now have thier own laws on this matter.

If the link's case law is accurate, here is CO's law:

1. Curbside / In front of house / Outside fenced area of property

Colorado : State v. Hillman, 834 P.2d. 1271 (1992).

The citation here is from the Pacific reporter, so I do not know if it was a CO appellate decision or a CO Supreme Court decision, and it is from 1992.

Edited: Okay, I checked, it WAS a Colorado Supreme Court ruling. I should have guessed it though.

http://www.wfu.edu/~wrightrf/Aspen-S...ofollowfed.htm