Is Dumpster Diving Legal In Georgia?

March 2023 · 3 minute read

Dumpster diving is looking through dumpsters to find money, food, and other usable items.

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It’s illegal in Georgia for anyone to knowingly take any “abandoned article” from a dumpster or rubbish bin.

It’s a misdemeanor crime to dumpster dive, and violators can be punished with up to 12 months in jail.

Dumpster diving is legal, but only if you know what you’re doing. You need to follow specific guidelines to ensure that you’re not breaking any laws or getting yourself in trouble with the police.

Technically, dumpster diving is legal in Georgia.

The question of whether something is abandoned

Whether something is abandoned depends on whether the owner took reasonable steps to protect their property. The more obvious the owner made an effort to protect their trash from theft, the less likely you could argue the trash was abandoned.

The intent of someone who puts something in their trash can is usually straightforward. 

They’re trying to get rid of it. In cases where it’s uncertain whether or not an item has been abandoned, factors such as when and how long ago it was left there can be used to determine whether or not this intent exists.

What about taking discarded grocery store food?

This is also a gray area legally because grocery stores generally do not want people taking discarded food out of their trash cans. However, technically what makes it illegal under Georgia law is if the store owner puts up a sign telling people to stay away from its trash or employs employees who monitor its trash containers.

However, since Georgia law does not explicitly address this situation, these cases may hinge on whether or not there was signage posted by the store owner which told people not to take discarded food out of its trash cans.

Conclusion

Dumpster diving may be legal in Georgia under some circumstances, but you should consider the potential consequences of getting caught. 

It’s a misdemeanor crime that can result in up to 12 months in jail (and a $1,000 fine). You might have a defense if the items were intended for recycling or if they’re recyclable. 

You might also have a reason if another person put their trash in your dumpster and it was not clearly marked as belonging to them.

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