Is it legal to dumpster dive in NC when stores throw away new items?
In recent years, dumpster diving has become a trendy activity for those looking to save money and help the environment.
Posts using the #dumpsterdiving on TikTok have garnered billions of views on the app, with many users posting “hauls” consisting of food, clothing, electronics and other hidden treasures.
Because North Carolina generated approximately 14.04 million tons of solid waste during fiscal year 2022-23, according to the NC Division of Waste Management, dumpster diving can also make a small difference environmentally.
But is dumpster diving legal in the state? Here’s what to know.
Is it legal to dumpster dive in NC?
The U.S. Supreme Court case California v. Greenwood established that trash left out on the curb for pickup is considered abandoned and is not protected against warrantless searches and seizures under the Fourth Amendment. That means items discarded in public dumpsters are up for grabs – but it’s a different story when private property is involved.
Diving on public property, such as sidewalks or parks, is usually allowed unless local ordinances prohibit it. (More below.)
Going in dumpsters on private property without permission is considered trespassing, according to state law.
If a dumpster is locked or fenced in, it’s off-limits legally, according to Roll-off Dumpster Direct, a dumpster rental company. If you’re unsure, check local regulations or ask for permission to avoid legal trouble.
Businesses can decide whether to let people dive in their dumpsters, and they can take legal action if you go in their dumpsters without permission, according to Vine Disposal, a dumpster rental company.
Dumpster diving in Charlotte, Raleigh, Durham
▪ In Charlotte, the city ordinance is clear: It’s illegal for anyone not authorized by the city to “collect, pick up, or cause to be collected or picked up, any solid waste.”
▪ Raleigh doesn’t make it explicitly illegal to take someone’s trash, but there are laws that could make the practice criminal, City of Raleigh Director of Communications Robin Deacle told The News & Observer in an email. The law establishes that Solid Waste Services collects garbage, and that no one can collect waste in the City without the authorization of the City Manager.
▪ There is no law in Durham that directly addresses dumpster diving, but there is a statute that says “no person other than a person under the authority of the director shall haul away any refuse or recyclables set out for collection by the city.” That means it’s against the law for anyone not authorized by the city to collect trash, Beverly Thompson, a communications officer for the City of Durham, told The Charlotte Observer in an email.
Can I keep what I find?
Yes. Since items thrown in dumpsters are considered abandoned, they are fair game for anyone.
However, this rule does not apply to dumpsters on private property. Taking items from dumpsters on private property could be considered theft, meaning businesses could take legal action against you if you’re caught.
Dumpster diving tips
If you want to avoid legal trouble, follow these tips from According Law on dumpster diving:
Check local laws: Call your city’s public works office or check the city website to determine the garbage laws.
Don’t use private property: Avoid using dumpsters behind fences, behind locked gates, or on obviously private property.
Dumpster dive in public places: Public parks, university campuses, and residential areas commonly contain open dumpsters.
Go during the right time: At late night or early morning reduces the possibility of confrontation.
- Be respectful and discreet: Don’t cause a disturbance, and if approached, simply walk away.
This story was originally published April 10, 2025 at 3:02 PM with the headline "Is it legal to dumpster dive in NC when stores throw away new items?."
