[TheForge] RE: [The Forge] Dumpster Diving

[Grant Marcoux]

This issue surfaced in recent years because of the searches of crook's trash
by cops looking for incriminating evidence w/o getting a warrant, based on
the premise that such things were abandoned (hence no Reasonable Expectation
of Privacy) in the trash.  Initially, many jurisdictions sided with the
cops, but later cases prompted a review of that doctrine.

 Most recently, courts have found that trash service is indeed a contract
between hauler/collector and discarder.  Such contents are not abandoned,
but become the property of the collector, (especially if collector provides
a bin so marked with collector's logo)etc once placed in the bin.

Best way to avoid problems is to contact the owner before the stuff goes in
the bin, and ask if you can pre screen the goodies.



-----Original Message-----
From: theforge-bounces at mailman.qth.net
[mailto:theforge-bounces at mailman.qth.net]On Behalf Of Craig Schaefer
Sent: Sunday, May 20, 2007 2:07 PM
To: terry l. ridder; Sponsored by ABANA
Subject: Re: [TheForge] Dumpster Diving


LAWYERS would cite as unreliable source as WIKIPEDIA?????

Wikipedia gets data from user input with no verification of veracity.

CraigS
----- Original Message -----
From: "terry l. ridder" <terrylr at blauedonau.com>
To: "Sponsored by ABANA" <theforge at mailman.qth.net>
Sent: Sunday, May 20, 2007 12:32 PM
Subject: Re: [TheForge] Dumpster Diving


> On Sun, 20 May 2007 dann at wctatel.net wrote:
>
>>
>>
> <snip post about dumpster diving>
>
> a quick check with my lawyers indicate that at many counties in illinois
> specifically state that anything in a dumpster becomes property of the
> waste hauler. the problems with dumpster diving become more complicated
> if the dumpster diver is committing trespass to even get to the
> dumpster. the example they gave as construction sites and demolition
> sites.
>
> their explanation concerning the legal reason against dumpster diving is
> below.
>
> <begin lawyer quote>
> This is limited to the three most common
> categories of property, lost, mislaid/misplaced,
> and abandoned.
>
> Anything in a dumpster cannot be considered
> lost since it is assumed that the title owner
> or by a person acting on behalf of title
> owner the property placed it in the dumpster.
>
> Anything in a dumpster cannot be considered
> mislaid/misplaced for the same reason given
> for the lost category.
>
> Anything in a dumpster cannot be considered
> abandoned since the title owner or a person
> acting on behalf of the title owner of the
> property placed it in the dumpster for the
> specific purpose of being hauled way and
> processed by the waste hauler.
> <end   lawyer quote>
>
> to avoid the possible hassles they strongly suggest using freecycle
> or similar community organization.
>
> unlike marine law where there are distinctions between flotsam and
> jetsam the equilvalent on land are not as clear cut. on land there
> is lost, mislaid/misplace, and abandoned. there is also the old american
> common law treasure trove however my lawyers indicate that that is being
> discarded by many courts.
>
> below are urls my lawyers have suggested for the non-lawyer person.
>
> flotsam and jetson
> http://en.wikipedia.org/wiki/Flotsam
>
> lost, mislaid, abandoned property
> http://en.wikipedia.org/wiki/Lost%2C_mislaid%2C_and_abandoned_property
>
> treasure trove
> http://www.archaeology.org/online/features/trove/
>
> TANSTAFL. There aint no such thing as free lunch.
>>
>>
>>
>
> --
> terry l. ridder ><>
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