I don't like people taking items intended for a thrift store, nor do I like people going through my trash. I also think we have too many laws and many of them not always handled fairly!
It’s 1988 and the Supreme Court says its OK for cops to search through your trash without a warrant. The court says this ruling doesn’t infringe upon your Fourth Amendment rights— "Unreasonable Searches and Seizure.”
The ruling stems from a narcotics case, California vs. Greenwood, in which the State Superior Court and State Court of Appeals both agreed that it was unlawful for law enforcement to rummage through someone’s trash left out for collection in order to obtain warrants to search someone’s home. Eventually, though, the Supreme Court decides trash at the curb is fair game and there is no reasonable expectation of privacy once you cart out your junk to be picked up by the local sanitation department.
Why? Because, trash left out on the curb is accessible to anyone and anything—animals, scavengers, snoops, curious passersby and mischievous children. Many still find this ruling arguable but, let’s take that ruling and flash-forward to TODAY!
Where I live: The City of Chino passed an amended ordinance in 2009 that outlaws scavenging and makes it a ticket-able offense. So, police can get their mitts all over your trash but no one else?
Where’s the fairness in that? According to the City of Chino, it’s fair.
Why? Well, because “any recyclables left on the curb as part of a recycling program become the property of the City or the City’s authorized recyclable collector” You pay for the city to collect and remove trash and so, City Hall’s argument goes, the City owns your trash. Hands off, trash diggers!
Part of the problem, apparently, is the potential for scavengers to make extra change off someone else’s soda cans. “When recyclables are removed from waste containers, it is diverting dollars away from the program” says city of Chino. If the program gets impacted like this, refuse rates would go up and this, in turn, would cost residents and the city more money to keep it running, city officials say.
“Scavenging has become a concern as issues regarding privacy and theft needs to be addressed,” Chino's Mayor Dennis Yates said and so the ordinance was passed. The fine for the first infraction is $50. Police are set to target areas where high incidences of scavenging are being reported. “Left unaddressed, scavenging would cost everyone,” Chino Mayor Yates said.
Yes some cities have laws against taking trash from cans and dumpsters, my city does.
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