- TRASH ARCHEOLOGY INVESTIGATOR'S COMMENTS
Comments made by investigators were compiled from the private-eye
mailing list. You can find out more information about the list at:
- http://www.pimall.com/private-eye/peinfo.html
-
- I would like to solicit some comments regarding "Trash Runs."
Taking
- trash from garbage cans placed out for collection before the collection
- company comes by to obtain information on subjects of investigation.
- Trash has no value so therefore it is not theft, ie., taking the
- property of another that has value.
- Legal or not legal?
- What say? and... is the information obtained privilaged?
- In the criminal realm of law there are substantial cases saying that
- searching trash is a 4th amendment violation. (Krivda, etc.) But what
- about in the civil arena?
-
- Mark
- A.D.I. Investigative Services
- EMAIL: adimark@pacbell.net
-
- I was involved in an investigation several years ago involving
- the searching of garbage and there is some case law on it. Generally,
- if the garbage is located on private property the owner of the property,
- and the garbage, has an expectation of privacy. In some states a PI,
or
- police officer, can be cited for trespassing if he conducts a search
of
- the garbage while it is on private property.
- At times they contend that garbage placed on a public sidewalk
- is not protected by the 4th Amendment, however, I would be careful.
- The safest thing to do, as we did in our case, is to wait until
- the garbage collectors actually pick up the garbage and ask them for
it.
- At that time not only is the garbage completely abandoned it is the
- property of the garbage collectors.
-
- Delbert S. Buttman
- Wizard Investigations
- 3402 Lansdowne Ct
- Edgewood, MD 21040
- Phone & Fax: 410-612-1019
- EMAIL: brujo@erols.com
-
- Mark & Group,
-
- "Dumpster diving, waste archeology, or trashing, all refer to
rifling
- garbage in an effort to cull valuable information. This is believed
to
- be the number one method of business and personal espionage."
-
- Surprise! In and of itself, stealing garbage is legal. On May 16, 1988
- the U. S. Supreme Court confirmed that there is no expectation of
- privacy, or ownership, once an item is left for garbage pickup.
-
- CALIFORNIA v. GREENWOOD, 486 U.S. 35 (1988) see at:
- <http://www.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/data/us/486/35.html>
-
- However there are some State, County and City Codes that prohibit certain
- activities on, near or around dumpster locations. I for one do not
partake
- in this type of data collection unless it is absolutely necessary.
-
- Regards,
-
- Joseph A. Alcala, Owner
-
- J.A.A. and Associates, Consulting & Investigations
- Fort Collins, Colorado | (970) 962-1800
- http://www.frii.com/~jaassoc/ | mailto:jaassoc@frii.com
- PGP 5.0 Public Key Available On Request
-
-
- The laws regarding "trash" vary from state to state, and
in some areas on
- the municipal level. Don't take the trash until you specifically research
- what is and is not legal where you are.
-
- Whether or not something is of value is not relevant.
-
- Ian L. Sitren, Private Investigator
- ILSPI
- Post Office Box 11486 Santa Ana CA 92711 USA
- Voice: 800 435-1438 Fax: 800 965-8523
- International: Voice: 714 550-9107 Fax: 714 550-9470
- ILSPI@ILSPI.COM Http://WWW.ILSPI.COM
- EMAIL: ilspi@ilspi.com
-
- I believe there are potentially two legal points here. First is possible
- trespass, intruding on the "curtilage" (I think that's the
legal
- term-the house and private environs.) The second is "reasonable
- expectation of privacy". I think it would be different in a situation
- where the subject has put his/her garbage can at the curb in
- anticipation of pickup (outside of the "curtilage") as opposed
to
- storing it behind their backdoor, for instance. Any potential value
of
- the trash is irrelevant.
-
- Regards,
- Dave Crook
- mailto:djc@epix.net
- Counterfeit Products * Product Diversion * Product Tampering
- Business Intelligence * Trade Secrets * Litigation Support
-
-
-
- I have been involved in several cases that have gone to court
- regarding this subject and It seems to be no problem as long as the
- trash is on a "PUBLIC" street. If you trespass to get the
trash then you
- have a problem.
- --
- Kale Investigation Agency
- P.O. Box 4243, Downey, CA 90241
- (562)869-2535
- dkalepi@earthlink.net
-
- COMMENTS FROM JOSEPH SEANOR
-
- One thing that should be brought up as well is the positive use of
- garbage. Whenever I do a security check of a company one of the first
- things I do is check the location of the dumpsters and how easy it
is to
- grab the trash. I have surprised a number of CEO's when I have shown
- them what is thrown out by their employee's and how it can be used
- against them.
-
- This is all done under a contract with the company.
-
- Joseph Seanor
- CIBIR Corporation
- Computer Crime Investigators
- http://www.pimall.com/cibir/cibir.html
-
-
-
-
-
- A.D.I. Investigative Services
- I have to disagree with Mr. Newman. To say this type of person is not
- "competent to actuate a "REAL"(whatever that means)
investigation" is
- kind of a low blow. Apparently Mr. Newman never has undertaken a rather
- difficult assignment. When every known resource known to man has not
- worked, it is sometimes necessary to make a "TRASH RUN" which
uncovers
- untold amounts of information. By the way this is my 30th year in this
- business and we have conducted about 30 trash runs, which amounts to
- about one per year and when we did them it was the last resort, but
it
- paid off. I would strongly suggest any investigator do everything
- possible first. California has some very good case law regarding what
is
- considered public and private property. After you place your garbage
on
- a public street what reason of expectation of privacy do you think
you
- have?
- Kale Investigation Agency
- P.O. Box 4243, Downey, CA 90241
- (562)869-2535
- dkalepi@earthlink.net
-
- In the criminal realm of law there are substantial cases saying that
- searching trash is a 4th amendment violation. (Krivda, etc.) But what
- about in the civil arena?
-
- I never heard of that!! Back in the LE days, we had one person make
trash
- runs weekly to several different places. Trash is public property once
- placed on the curb. It is just like your furniture when the sheriff
puts it
- out at the curb when you don't pay your rent. The difference is very
few
- people will take your trash.
-
- Terry Mills
- EMAIL: TLMassoc@aol.com
-
- A significant majority of the
- "dumpster diving" which occurs is ill advised. In the civil
court the
- person who mucks around in the garbage smells to a jury like another,
- similar creature, the rat. Legal or not, only in cases where one truly
has
- a moral high ground is such an invasion of personal space lauded. In
most
- cases envolving the theft of trash it is obvious that the thief is
not
- competent to actuate a real investigation.
- Tactical@worldnet.att.net
-
- This has always been an interesting topic, one I often posed to my
law
- students. A topic which to date, has no finite answer in the civil
- realm but indeed has definate precedence in criminal law. There are
- well documented cases that invoke the exclusionary rule (Cal P.C.
- 1528.5) in criminal law as many of us have referenced. What about civil
- law? If one does not trespass or participate in any conduct offensive
- to the law, including local ordinances, is what has been obtained during
- a "trash run" admissible?
-
- I understand George Michael's response one who participates in such
- activity smells perhaps, like a similar creature, a rat, to a jury
but
- what of information that leads you to more "acceptable" and
"cultured"
- evidence that is presentable. Does the taint follow? As far as
- competency, I see no measure of such in one who is inventive and
- creative. I do see shallow presence in those that snub their noses
at
- academic exercise which stimulate thought, fellowship and edification
- while casting aspersions. Perhaps to elevate themselves at others
- expense. This list is quite informative. People helping people.
- Mark
- adimark@pacbell.net
-
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