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Seems like an incredibly blurry, ill-defined concept though. Even if my garbage can is "on the street", it's still a foot away from the street and firmly on my

Seems like an incredibly blurry, ill-defined concept though. Even if my garbage can is "on the street", it's still a foot away from the street and firmly on my property. How is that any different than breaking into a storage container around back or elsewhere on my property? Is it considered to be "on the street" when it's sitting on the side of my house, waiting for trash day?

rdtsc 9y ago
States and city laws define exactly where the boundary is and how it is different based different activities. Say you have a fence vs you don't have a fence, or say sidewalks are on your property, but city will maintain them, and you shouldn't block them. Usually if trash is put on the street by the curb, it is not on your private property and can be taken and inspected. There would have to make an explicit law I think to protect it. But what if the police follow the trash truck to the dump, does it extend there as well? That's why things should be shredded and some intelligence agencies have their own incinerators and so on.
- oasisbob 9y ago
  I don't think the legal principle rests on where the trash lies (public or private property); rather, on the idea of abandonment. In many US states streets were never formally deeded to the municipality when the lots were platted, and there's a long standing legal principle that the lot owner has a fee-simple interest to the middle of the street. (Washington included, not sure about Oregon) ie, it's not public property, it's private property with an easement dedicated to the public.
  - rdtsc 9y ago
    Ah you're right. It is more tricky than what I imagined. Right if I drop my bag on the ground it should immediately be free for all and available for police search. But trash is considered "abandoned". I didn't know about easement but it makes sense thanks for pointing that out.

rdtsc 9y ago

States and city laws define exactly where the boundary is and how it is different based different activities. Say you have a fence vs you don't have a fence, or say sidewalks are on your property, but city will maintain them, and you shouldn't block them. Usually if trash is put on the street by the curb, it is not on your private property and can be taken and inspected. There would have to make an explicit law I think to protect it. But what if the police follow the trash truck to the dump, does it extend there as well? That's why things should be shredded and some intelligence agencies have their own incinerators and so on.

oasisbob 9y ago
I don't think the legal principle rests on where the trash lies (public or private property); rather, on the idea of abandonment. In many US states streets were never formally deeded to the municipality when the lots were platted, and there's a long standing legal principle that the lot owner has a fee-simple interest to the middle of the street. (Washington included, not sure about Oregon) ie, it's not public property, it's private property with an easement dedicated to the public.
- rdtsc 9y ago
  Ah you're right. It is more tricky than what I imagined. Right if I drop my bag on the ground it should immediately be free for all and available for police search. But trash is considered "abandoned". I didn't know about easement but it makes sense thanks for pointing that out.