Dumpster diving is generally not outright illegal in Colorado, but where and how you do it can quickly turn it into trespassing, theft, or a public safety violation under U.S. and Colorado law. Understanding property rights, local ordinances, and basic legal risks is essential before taking anything from a trash container.
Is Dumpster Diving Legal in Colorado?
At the state level, Colorado does not have a specific statute that bans dumpster diving in all situations. Instead, the legality depends on location (public vs. private property), access (locked or fenced vs. open), and whether you are violating other laws like trespass or theft.
- Dumpsters in truly public spaces (like some public streets) and not locked or posted are less likely to trigger trespass laws, though local ordinances may still apply.
- Dumpsters on private property (behind stores, apartments, businesses) are typically off‑limits without permission and entering those areas can be charged as criminal trespass.
How U.S. Law Views Trash (California v. Greenwood)
In the 1988 U.S. Supreme Court case California v. Greenwood, the Court held that the Fourth Amendment does not protect garbage left at the curb for collection because people have no reasonable expectation of privacy in that trash. This ruling means police can usually search curbside trash without a warrant, but it does not turn trash into “public property” or automatically legalize civilian dumpster diving everywhere.
For everyday divers, Greenwood is often misunderstood: it addresses government searches, not whether a person can enter private property, ignore “No Trespassing” signs, or take items businesses still consider theirs until pickup.
Colorado Trespassing and Theft Risks
Colorado’s trespass laws make it a crime to enter or remain on property without permission, and dumpster areas often fall under these protections. Depending on where the dumpster sits and whether it is fenced, gated, or posted, charges can range from petty offenses to misdemeanors or more serious crimes.
- Entering fenced or enclosed areas, going behind locked gates, or ignoring “No Trespassing” or “Employees Only” signs can be prosecuted as second‑degree criminal trespass under Colorado law.
- Taking items when a business or property owner can argue they were not fully abandoned yet (for example, in locked containers or areas clearly controlled by the owner) can expose you to theft or related charges.
Local Colorado Rules and City Ordinances
Even though Colorado has no blanket statewide ban, many cities and counties add their own restrictions on access to dumpsters, trash enclosures, and alleys. Municipal codes may address scavenging, disorderly conduct, safety around traffic, or interference with waste collection.
- Some Colorado cities, including Denver, may require permission from the property owner before removing items from commercial dumpsters or restrict access to trash on private lots.
- Local laws can also prohibit littering, blocking alleys, or leaving a mess after diving, which can result in fines or citations even if you were not charged with trespass.
Practical Tips to Stay on the Safer Side
Because dumpster diving in the U.S. often sits in a legal gray area, being cautious and respectful is critical to reduce the chance of being stopped or charged. None of these tips guarantee you will avoid trouble, but they align better with how U.S. and Colorado law work.
- Prefer open, publicly accessible dumpsters (no fence, no lock, no “No Trespassing” signs) and avoid going behind locked gates or into clearly private areas.
- Get explicit permission from businesses or property managers when possible, especially for regular dives at the same location.
- Do not damage locks, lids, or enclosures, and leave the area clean to avoid additional allegations such as vandalism or littering.
SOURCES:
- https://record.goshen.edu/news/dumpster-diving-a-brief-treatise-regarding-methodology-and-legality
- https://kekbfm.com/colorado-dumpster-diving-law/
