Curb Appeal: Are things left on the side of the road really free for the taking?

By Chris DeMatteo

There is an old saying that one person’s trash is another person’s treasure. With spring cleaning, moves and other home projects underway, many people put unwanted items out on the curb to be picked up by garbage collectors or anyone willing to take it. But what does the law say about this time-honored part of the social compact?

The Fourth Amendment does prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of the home.

The United States Supreme Court, in California v. Greenwood, 486 U.S. 35 (1988), held that an individual does not have a reasonable expectation of privacy in garbage left out for collection, which allows police to search it without a warrant, even if it is specifically seized as part of an investigation. Although it did not opine on the right of individuals to rummage through trash or pick up items off the side of the road, the Court, referring to “snoops” and “scavengers,” observed that it is common for people other than sanitation workers to pick up discarded items. The keys to the holding are the intent of the owner—to discard—and the location—that which is accessible to the public. The Connecticut Appellate Court followed Greenwood, noting in State v. DeFusco, 27 Conn. App. 248 (1992), and noted that, “the act of placing garbage at a curb of a public street for the purpose of permanent disposal by strangers manifests an intent to relinquish. Garbage that is within the curtilage of the home would still be subject to Fourth Amendment protection because it is not yet exposed to the public for collection.

Whether a private citizen can legally take an item left on the side of the road depends on whether it has been abandoned by the property owner and whether “scavenging” is permitted by the municipality.

Property is considered abandoned when it is voluntarily relinquished by an owner without reference to any particular person or purpose—it is “thrown away.” That determination is dependent on the intent or mental state of the owner. Obviously, not every item left by the road in front of a home is being thrown or given away. Tools or a bike, for instance, might just be momentarily left out while the owner goes inside for something. On the other hand, an air hockey table bearing a sign that says “Free” likely has been given up. Location is also critical: taking items that are within another person’s property and not in the public right of way could trigger both civil and criminal (e.g. trespass, larceny) liability.

Even if items are clearly discarded and that an owner wants them taken by someone or anyone, a municipality may still prohibit “scavenging” or the collection of refuse by people other than garbage collectors (whether in concert with law enforcement or not) and impose fines for violations. Shelton, for example, has an anti-scavenging ordinance.

Attorney Takeaways

• It is legal for the police and other government actors to search and seize garbage left out on the curb for collection without a warrant.
• It is usually legal for individuals to pick up items that are clearly left out on the curb by owners to be taken. The taking of items that are not clearly abandoned and left in public could however lead to a lawsuit and/or criminal charges.
• Municipalities (cities and towns) can still restrict or prohibit “scavenging” and also regulate the timing and placement of refuse.