February 13, 2008

I don't think the TV station broke the law

From Bristol's code book:

Sec. 10-33. Scavenging prohibited.
(a) It shall be a violation of this article for any person to scavenge recyclable or any solid waste for pecuniary gain. Scavenging shall include collecting, recovering, hauling, storing or disposing of recyclable or any solid waste other than as authorized by this article.
(b) Each occurrence of scavenging in violation of this article shall constitute a separate offense.
(c) The board of public works may establish a swap area at the transfer station where people using the transfer station could leave items that may have some value or reuse for others and/or pickup items for reuse.
(Ord. of 6-12-01)


Sec. 10-45. Salvaging, scavenging.
No salvaging or scavenging shall be allowed at any solid waste disposal area or facility unless authorized by the board of public works.
(Ord. of 6-12-01)


If these are the only city code sections that apply to searching through someone's garbage, I don't see how they apply to a TV station looking for recyclables in an official's trash can.
In the first law concerning scavenging, the ordinance says it is a violation for anyone "to scavenge recyclable or any solid waste for pecuniary gain."
Unless the television station personnel sold the junk mail they pulled out of Frank Nicastro's trash can, I can't see how they made any money off it. Perhaps they found a buyer for Ken Cockayne's empty honey bottle, but I doubt it. And the aerosal can from Mike Rimcoski's house? I suspect it has no market value.
Without "pecuniary gain" -- making money -- there is no violation. Everything else in that section is dependent on the idea that somebody's turning a profit by swiping recyclables or garbage.
The other section applies only to "any solid waste disposal area or facility." I suppose one could argue that the barrels in front of residents' houses are a "solid waste disposal area," particularly since they belong to the city. In addition, there seems to be a distinction between an "area" and a facility, which would presumably mean the transfer station or other obvious public works site.
But I think it really means that they don't want people rifling through stuff that's already been collected somewhere, which makes sense.
In any case, it sure seems that if there's an interest in barring someone from going through trash cans, the law ought to be a whole lot more clear.
As it is, I would argue that unless there's some other law that hasn't been called to my attention, there is no doubt the First Amendment's guarantee of freedom to the press outweighs whatever slim argument you could make that one of those statutes prohibited the station from taking a look at officials' trash to see if they were breaking the laws they are sworn to uphold.

Update: Back in 1988, the U.S. Supreme Court ruled that police did not need a warrant to search garbage left on the curb of a California home. The justices said that people could have no reasonable expectation of privacy for items left on the curb for the express purpose of having strangers haul them off. At the time, the justices cited a 1967 decision to bolster the court's ruling. That earlier decision said, "“What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection.”
What that means is federal law doesn't protect the privacy of garbage.
It's possible, though, that Connecticut's state law or its Constitution offers more protection. I don't know. I also can't say for certain that Bristol itself doesn't have some other law that might be relevant to digging through somebody's trash.

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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

9 comments:

Anonymous said...

They sold commercial time to pay for airing the story.

If there is a loophole that gets them off, it should be corrected. People's garbage shouldn't be open for anyone to scrounge through.

Anonymous said...

Does this preclude city workers from taking desireable items from the trash, especially bottles that have a deposit value?

Steve Collins said...

I have no idea.

Anonymous said...

Well city workers make hundreds of dollars a month stealing cans that people throw out. I know this first hand. They also take aluminium, brass, copper...anything they can salvage and make money on. Copper sells for over $2.50 per pound at the scrap yard. Should it be allowed? NO. Is it illegal? YES. Will it ever stop? NO....again, do as I say, not as I do !

Anonymous said...

Don't worry, Art will hold them accountable.

Won't he???

Anonymous said...

8:05pm-.....you really need some anger management sessions. Anyone wound as tight as you are should be on some serious drugs...or maybe you already are?

Anonymous said...

If someone takes cans with a deposit on them from a person's recycle bin, that's not stealing. It's at the curb because the former owner is done with it. It's trash.

Anonymous said...

7:36, so is your analysis.

Anonymous said...

Yes, I believe that the cans and bottles with deposits are trash, but, I am paying the recycle driver a salary to do a job, by taking the recycled cans and bottles that make the city money from there sale, THATS STERALING. This is not to mention the time out they take by going through the recycle bucket to place them in their own private buckets. This is on the tax payers dime.