In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Laws » Is Dumpster Diving Illegal in Las Vegas?
Yes. Dumpster diving is unlawful both in the City of Las Vegas and throughout Clark County. Rummaging through other people’s trash is prosecuted as a misdemeanor, carrying a maximum punishment of:
The legal term for dumpster diving is “interference with or removal of containers.”1
This is the practice of going through another person’s or company’s trash. Many divers are searching for edible food or other necessities. But others are searching for personal information to commit identity theft.
People are always encouraged to shred their documents before throwing them away, especially if they contain such sensitive information as:
Yes. People are prohibited from going through any dumpster, trash can, or recyclables container located on others’ property. It does not matter whether that property is private or public. And it makes no difference whether the trash is headed for a landfill or a recycling station.”2
Not once the trash has been picked up and taken away from that person’s property. People lose their property rights to objects they throw away. Once thrown out, trash becomes the “public domain.”3
In general, going through trash is legal except if there is a local ordinance against it. For example, both the City of Las Vegas and Clark County prohibit going through others’ trash.
As a rule of thumb, people should avoid raiding a dumpster that is behind a gate or on property with a “no trespassing” sign.
In practice, police on patrol often do not notice people rummaging through trash. This is because trash bins may be behind buildings out of view from the main roads. Many of the people cited for going through trash were called in by property or store managers.
Clark County makes it a misdemeanor to go through another’s garbage. The penalties get harsher with each successive conviction:4
| Dumpster diving conviction in Clark County
The Las Vegas Municipal Code does not specify the punishment for going through another’s trash within the incorporated city limits. Presumably, it is a misdemeanor carrying:
Depending on the circumstances, divers risk getting cited for related misdemeanors as well. These may include:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
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