It's a dumpster diving dilemma: Can digging through a dumpster get you into trouble or is diving into a dumpster to see what you can find legal here in Minnesota?

Inflation has raised prices in just about every aspect of our lives, and to try to ease that pinch on your pocketbook or checkbook you might be tempted to sift through a dumpster behind a well-known store just to see if there's anything of value in there. But is it legal here in the Land of 10,000 Lakes?

First, let's define what 'dumpster diving' actually is. According to the website, dumpsterdiving.info, here's how the term is defined:

'Dumpster diving' refers to the act of searching through commercial or residential waste to find items that can be reused, repurposed, or recycled. It’s a way to reduce waste and give discarded items a second life. You can find all sorts of treasures while dumpster diving, from furniture and electronics to clothing and books.

CSJ/TSM-Rochester, MN
CSJ/TSM-Rochester, MN
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But is diving into your favorite dumpster illegal here in Minnesota? Well, you can relax-- there's actually good news if you want to seek out your nearest dumpster to see what you can find. According to FindLaw.com, dumpster diving IS legal, not only here in the North Star State, but in all 50 states.

Dumpster diving is technically legal in all 50 states. In 1988, the Supreme Court ruled in State of California v. Greenwood that searching trash is legal as long as it does not conflict with any city, county, or state ordinances.

So while there isn't a Minnesota state statute that specifically prohibits dumpster diving, you might be in violation of a local county code or city ordinance, depending on where you are. FindLaw.com sets out the following order for checking to make sure dumpster diving is allowed:

  1. Federal law: Legal
  2. State law: Legal
  3. County law: It depends on your specific location
  4. City law: It depends on your specific location
  5. A restaurant or business's specific rules: It depends on your specific location
  6. Private property: Illegal
  7. Warning signs or locks on the dumpster: Illegal
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The main local ordinance you might be violating when you're considering diving into a dumpster (or at least rummaging through its contents) is often trespassing. FindLaw notes that trespassing could be defined as jumping over a fence, walking through a gate, or walking onto any private property to dumpster dive.

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And, of course, any dumpster with a lock or warning sign is also a dumpster into which you do NOT want to dive! The following video has some more tips on what's legally allowed when dumpster diving.

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