Washington Statutes
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9A.56.020 - Theft -- Definition, defense.
(1) "Theft" means:
(a) To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
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I certainly don't want to offend here but in every state to prosecute for theft there must be intent to permanently deprive property from another. As ruled by the US Supreme court for law enforcement that one gives up the right to privacy and or ownership when one throws out the trash. Only recently has state courts attempted to throw out evidence from searches of trash.
As a former police officer the most charges that ever could be filed for dumpster diving were trespassing, or littering when they throw from the dumpster. To charge for trespassing the property and the dumpsters must be posted with no trespassing signs or chained and locked or in a locked in partition. Breaking into a locked area then becomes burglary. If the property is secured it remains valued property until turned over to the garbage company.
If you knowingly throw a large sum of money into the trash it is no longer yours if retrieved by another party, after all you threw it away. Most stores do not mind, report, or care about dumpster diving it is the mess that is made and left behind. It is for this reason that almost all dumpsters are locked or secured now. If not for the mess you would actually be saving stores money because most have to pay for each pickup, and failing to have a overflowing pickup can result in failing a health department inspection. Which costs even more money because perishable departments are then either restricted or shut down.
Now I don't dumpster dive, just not my thing. But have seen many folks in brand new cars dumpster diving.
Search Washington Statutes
9A.56.020 - Theft -- Definition, defense.
(1) "Theft" means:
(a) To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
====================================================
I certainly don't want to offend here but in every state to prosecute for theft there must be intent to permanently deprive property from another. As ruled by the US Supreme court for law enforcement that one gives up the right to privacy and or ownership when one throws out the trash. Only recently has state courts attempted to throw out evidence from searches of trash.
As a former police officer the most charges that ever could be filed for dumpster diving were trespassing, or littering when they throw from the dumpster. To charge for trespassing the property and the dumpsters must be posted with no trespassing signs or chained and locked or in a locked in partition. Breaking into a locked area then becomes burglary. If the property is secured it remains valued property until turned over to the garbage company.
If you knowingly throw a large sum of money into the trash it is no longer yours if retrieved by another party, after all you threw it away. Most stores do not mind, report, or care about dumpster diving it is the mess that is made and left behind. It is for this reason that almost all dumpsters are locked or secured now. If not for the mess you would actually be saving stores money because most have to pay for each pickup, and failing to have a overflowing pickup can result in failing a health department inspection. Which costs even more money because perishable departments are then either restricted or shut down.
Now I don't dumpster dive, just not my thing. But have seen many folks in brand new cars dumpster diving.
