Tennessee’s dumpster diving laws and regulations

Tennessee dumpster diving law explained

Tennessee does not have any specific laws regarding dumpster diving, but state law and case law provides insight into what conduct is permitted, helping to avoid potential legal issues. Under Tennessee’s statutory trespass law, Tenn. Code Ann. §§ 39-14-405 and 39-14-406, if one does not have permission to enter onto private property, one may be liable for trespass if one: 1) "enters or remains on" the premises in violation of the owner’s rights; 2) enters or remains on the premises in violation of a fence enclosure or warning signs such as "no trespassing" signs; or 3) enters into or remains on the property with intent to commit certain specified crimes.
Under Tennessee law, a building owner has a cause of action for trespass against a person who enters onto his property and collects items that the person knows or should know are discarded personal property of the owner, and a court will likely find dumpster diving illegal and subject to trespass liability if the dumpster is located on private property.
Tennessee case law similarly provides that a person may be guilty of theft if that person knowingly obtains or exercises control over property, including discarded personal property, of another person (e.g., that of the owner of the dumpster), under Tenn. Code Ann. § 39-14-103. At least one Tennessee court has specifically found that discarded personal property of the owner of a dumpster, left in a dumpster on the owner’s privately owned property that has a "no trespassing" sign on it, qualifies as property of the former owner of the dumpster. See State v. Driskell, 649 S.W.2d 217, 219 (Tenn Ct. Crim. App. 1982). In addition, applicable authorities would have the right to arrest suspected violators who trespass upon the private property of another and take discarded property without the property owner’s consent because they could be guilty of theft under the general theft statute. See Driskell at 218-19 .
Further, while there is no violation of the Fourth Amendment when police officers observe an individual carrying away abandoned property, such as discarded personal property gleaned from a dumpster, from a private area which the police officers have searched without a warrant, a court may hold that Fourth Amendment rights have been violated if the discarded property was in an area under the general control of an individual if that person did not abandon the property with the intent to relinquish all privacy interests in the property. The court may hold that probable cause existed for the individual’s arrest if police officers viewed the individual carrying away discarded property from an area under the general control of an individual that the police officers had previously searched without a warrant because there was a reasonable belief that the property had been abandoned, based on the totality of circumstances in a given situation. See State v. King, 894 S.W.2d 335, 340 (Tenn. 1995) (holding that drug detectives had probable cause to arrest an individual who was observed carrying away a garbage bag containing property/goods from an apartment complex parking lot that fronted the building doors with a "no trespassing" sign on the doors; probable cause existed because the individual had been observed accessing the bags of garbage while the police officers were in the area to arrest someone else and the individual had placed the garbage bag in the same area from which he had retrieved it before fleeing from the police officers).
So, while dumpster diving in Tennessee is likely a violation of statutory trespass and/or theft laws, it is important to note that unconstitutional "vulnerability, observation and access to the goods" and the failure of the owner of the dumpster to safeguard the property against would-be thieves do not eliminate the crime associated with dumpster diving. Driskell at 219.

Consequences and penalties associated with dumpster diving

The legal risks involved in dumpster diving is another aspect of dumpster diving that most experienced dumpster divers know about. Many people have encountered those legal risks are at least aware that dumpster diving can get them into trouble with the law. But for those who are not already aware, here is a rundown of some of the many ways in which dumpster diving can get you into legal trouble.
Trespassing Note that not all property is "open" to the public even if that property is not fenced off or gated. Many commercial properties welcome walk-in traffic, and that fact may make one believe that it is permissible to casually wander around on commercial property. The permissiveness, however, is ultimately limited to very specific areas. For example, many grocery stores allow their customers to use their restrooms and sometimes to rest on benches outside of the store to take a break while shopping. The public often interprets this invitation as a general permission to walk in and out of the store to retrieve items from the store’s dumpster. Such is not the case, however, since no store permits customers or shoppers to rummage through its refuse; going onto the store’s property and poking around in its trash is therefore illegal since the store has not given the customer or shopper permission to do so. If you go onto the property of any private person or entity without legal consent or authority, you are trespassing. It does not matter whether you go onto the property in the day or night, or even what day of the week it is. What is critical is that you demonstrate some type of intent to enter the premises, knowingly or otherwise, without first obtaining permission from the owner or person in lawful control of property. Under T.C.A. § 39-14-405(b), a person commits an offense of criminal trespassing if that person "knowingly enters or remains on any land, agricultural land, commercial or residential property after having been warned by the owner to depart." A charge resulting under this section is criminal trespassing in the Class C misdemeanor, and is only a minor offense. The crime of trespassing is often charged with great frequency because it can be difficult to prove whether an individual has been explicitly warned not to enter a property, and when a charge cannot be sustained beyond a reasonable doubt, the casual litterer of the community is often made guilty of trash digging. The official statute, Criminal Offense of Criminal Trespass, is given below. § 39-14-405. Criminal trespass (a) A person commits a Class C misdemeanor offense who knowingly enters or remains on any land, agricultural land, residential structure, or separately secure or occupied structure without consent of the owner or occupant. (b) This section does not apply to a person who is licensed, invited, or otherwise authorized to be upon the premises of another.
Shopping Carts Most municipalities in Tennessee impose a fine on the theft or unauthorized removal of shopping carts from commercial property, and most of these municipalities will call in law enforcement to report a theft or unauthorized removal of shopping carts. For example, Tennessee Code Annotated Section 67-4-2903 defines a "stolen cart" and "unauthorized cart" and then proscribes the removal of either a stolen or unauthorized shopping cart from commercial property as a Class C misdemeanor. In fact, the statute further allows for a shopping cart recovery agency to recover the shopping cart from the person in possession of the shopping cart and charge that person operating a shopping cart on private property a fee of $15.00. Therefore, the next time you’re rummaging through the local super cheap supermarket’s trash, you may want to choose your shopping cart wisely and be prepared to pay a $15.00 fine if you’re caught using a shopping cart that does not belong to you for your day of trash diving.
Breaking and Entering There is often the problem of being caught inside of a building without permission. Most people familiar with burglaries are aware that breaking and entering is technically not the same crime as burglary. Breaking and entering is authorized as a "germanious" or lesser included act of burglarizing a building. In other words, enter without permission, and you could be guilty of the lesser included crime of breaking and entering instead of the greater act of burglary. The usual criminal offense associated with break and entering is the offense of burglary because burglaries are usually accompanied by a lack of permission to enter. Thus, a typical burglary is a forcible breaking into commercial property that results in an entrance into the property that is accompanied by various items taken from the property without the permission of the owner. It is important, however, to understand that you do not need to actually remove any property from the premises to be charged with the crime of burglary, nor do you have to actually "break" into the commercial property. Indeed, if you gain entry or attempt to gain entry into any commercial building or residence (whether it is in use or not) by fraudulent means or without the owner’s knowledge or express permission, you could be guilty of the crime of burglary under T.C.A. § 39-14-401, which states: 39-14-401. Burglary (a) A person commits burglary who without the effective consent of the owner: (1) Enter or breaks into any structure and with intent to commit a felony, theft, or assault, or commits or attempts to commit a felony, theft, or assault; (2) Enter or breaks into any structure and commits or attempts to commit a theft involving property that is a firearm; (3) Breaks and enters any structure with intent to commit a felony, theft, or assault involving property other than a firearm; (4) Breaks and enters any commercial motor vehicle or other cargo-carrying container with intent to commit a felony, theft, or assault; (5) Breaks and enters a railroad car or other road-building or construction equipment with intent to commit a felony, theft, or assault; or (6) Breaks and enters any structure by any means, irrespective of its permanence or mode of construction, with intent to commit a felony, theft, or assault.

The interaction of trespassing and property laws with dumpster diving

When it comes to shopper safety and the legality of dumpster diving or dumpster diving-related activities, most of what happens before or after an encounter with law enforcement officer is covered by the property laws of Tennessee.

1. Private property owner rights

Tennessee law gives private property owners the right to control access to property that is not open to the general public. This includes both the physical access to the property and the use of that property once it’s accessed. In the context of dumpster diving, the law applies to most of the spaces where dumpsters can be found. The laws that apply to private property (trespass) are enforced primarily by the owner of the property, not by the state. This means the owner has the right to (and may decide to do so) contact police if someone enters or uses their property without permission.
These laws apply to the normal, everyday use of private property, too. For example, camping on someone’s front yard without their permission or hunting deer on a neighbor’s property are both examples of trespassing. Property owners hold the right to have you ticketed and/or arrested if you have trespassed on their property.

2. No trespassing signs and trespassing charges

A property owner must put up no-trespassing signs to enforce the criminal laws that are available to them. In each location where access is not allowed and where a no trespassing sign is posted, the property owner has the right to contact authorities if they believe they’ve been trespassed upon. Trespassing charges are misdemeanors, though maximum fines can add up to $2,500 plus imprisonment for up to one year.

3. Private vs. public property

It’s important to know whether the area in question is public or private. An example of this is a gas station. In the example of a gas station, you must go inside the convenience store side of the building to pay for your gas. The area in front of the pumps is considered to be public, whereas the interior of the building is private. If you do not pay for the gas, you can be charged with theft.
Another example is a mall parking lot. As long as your vehicle is parked so that you are not obstructing traffic, you may be able to receive a fine or get towed, but you will not face any possible jail time.

4. When it doesn’t matter if dumpsters are on public or private property

You will be breaking the law if you go onto private property when trespassing is prohibited by state law. You will also be breaking the law if you ignore a no trespassing sign on private property. A no trespassing sign exists primarily in the context of commercial property, but not in the context of residential property. With that being said, trespassing signs don’t matter in situations where illegal activity is being committed regardless of the property.
Consider the example of a dumpster diver who dives behind a grocery store for food; they’re trespassing and the dumpster diver would be breaking the law. Now consider the same diver who dives for recyclable materials; they’re breaking the law and should expect legal repercussions. It doesn’t matter if the property is public or private – the dumpster diver is breaking the law regardless of the dumpster’s location.

Private versus public dumpsters

Dumpster Diving in Tennessee: Where, When and How is it Allowed?
While there are certain standards for the legality of dumpster diving in Tennessee, as far as any requirements for the permits for dumpster diving, the location of the trash can make a significant difference in whether your dumpster diving excapades are legal.
Public Versus Private?
Usually, public dumpsters are located on public property. This means that public dumpsters are considered to be legal to dumpster dive in. However, you should ask permission from the local polic department – just to be safe. Sometimes, a police person will witness the dumpster diving and let the person know that it is illegal by tipping off the property owner. The citizen is then arrested for trespass.
Private dumpsters, however, are a different matter. As soon as you dump or remove anything from a private dumpster, you have trespassed on the property. Because a dumpster is considered the private property of the owner of the dumpster, they may do as they please. They can call the police, have you arrested, beat you up, try to scare you off, hand you over to other property owners, or enact any other consequence they see fit. In some cases, the police may assume you have stolen the property and be suspicious of you.

How to dumpster dive legally and safely

Tips for Safe and Legal Dumpster Diving in Tennessee
Before you venture into dumpster diving in Tennessee, make sure you follow the law and don’t act recklessly. To ensure your safety and legality, here are some tips for safe and legal dumpster diving:
Be aware of the laws in your area about dumpster diving before you attempt to do it. Always obey state, local and county laws when it comes to trash and dumpster diving. In Tennessee, you must have permission from the landowner or waste disposal company to be on their property and digging through their dumpsters. You could also be committing trespassing if you go on to someone’s property to dig through their trash without permission. Don’t try to dumpster dive at a business or even someone’s home without their permission, if you get caught digging through their garbage, you could face charges of trespassing.
If necessary , obtain written permission from the business owner or private property owner to dumpster dive on their property. Because people are often hesitant to allow people to dumpster dive on their property, they will often give you a hard time about being on their property unless you show them some kind of proof that allows you to be on their property and be permitted to dumpster dive. Avoid dumpster diving on another person’s property unless you have their written permission to get rid of their garbage.
It’s important to note that dumpster diving yourself for your personal use is legal in most cases; it’s just bulk dumpster diving that is illegal in most areas of Tennessee. And while most people think it’s legal to go through someone else’s trash and take an item if they don’t want it, there are plenty of cases where a person was charged with theft for taking out an item that is considered waste to the owner. It’s best to avoid dumpster diving unless you have the property owners written permission to dumpster dive.

Dumpster diving ethics

As with all activities that brush up against private property and the potential for criminal trespass, dumpster diving can raise questions of ethics and social responsibility in addition to legal liability. First and foremost, dumpster diving is generally seen as a good thing for the community because it decreases the amount of household waste generated. According to the EPA, "in 2018 Americans generated about 292.4 million tons of trash and recycled and composted 35.2 million tons of this trash, equivalent to a 35.2 percent recycling rate […] Broken down on a per capita basis, recycling and composting prevented the release of approximately 186 million metric tons of carbon dioxide equivalent into the air in 2018."
Additionally, dumpster diving can also be seen as a way to help local businesses. If dumpster divers are taking food items from the dumpster, commercial outlets like food banks, refugees centers, shelters, or neighborhood food programs will benefit, and it is always better not to have food wasted in the first place.
On the other hand, there are certain risks that dumpster diving can pose to the community and local businesses. The first is a public health risk. When dumpster divers go through dumpsters, they are exposing themselves to broken glass, sharp metal, and spoiled or toxic food. There is always the risk of injury and infection, even when care is taken. To reduce this risk, know what to look for, wear gloves, and know the locations of local health facilities and nearby police stations. Finally, although dumpster diving is in many cases legal, it can still result in arrest if the business that owns a dumpster objects. Part of the decision about whether or not to dumpster dive should include the question of how well the local law enforcement treats the practice. Just as in employment, some persons or departments will be more understanding than others.

Dumpster diving case studies

The writing of this section includes: a discussion of possible case studies or past incidents related to dumpster diving. This should include instances where dumpsters were near the homes of victims, to instances where dumpsters contained potentially sensitive documents. Discussion should include how they were resolved, and any precedents that may have been set.
In one notable Tennessee dumpster diving case that garnered nationwide attention, a local television station ran an exposé on a dumpster diving incident in Baghdad. You can read the article here. A similar dumpster diving incident took place in Nashville in 2005 . According to WSMV, a Nashville homeless man was charged with identity theft after he rifled through a dumpster and stole thousands of dollars’ worth of checks and debit cards. The paper spoke with the responsible police department official, who said "If we can catch these guys rifling through the garbage and eating out of these dumpsters, it will reduce the number of thefts that we are dealing with." He further explained that the man was caught when he tried to cash a stolen check at a Nashville Harris Teeter. The District of Columbia Court of Appeals ruled that a property owner could not be liable for negligent failure to secure a dumpster against dumpster divers. For more details, see: id. at *2-3.