• Dumpster diving has gained popularity on social media platforms like TikTok and Instagram.
• A 1988 Supreme Court case ruled that searching trash on a public curb is legal.
• In Delaware, several cities have codes that prohibit rummaging through garbage containers without permission.

Dumpster diving isn’t a novel concept, but its trappings seem to be trending.

Videos on TikTok or Instagram will give firsthand views of hands picking though local shopping mall trashes, Sephora or Ulta dumpsters and much more. The “Dumpster Dive King” in Boston has some 4.3 million followers on one platform, while Ella Rose – or GlamourDDive – maintains more than 2.4 million TikTok followers and an online shop from Texas.

“My enjoyment of dumpster diving has helped me open my eyes to the waste that is involved in everyday retail and corporations!” the 21-year old wrote online.

That could be the hefty bag of untouched Lululemon products, a cardboard box stocked with sealed designer perfumes seemingly from a closed Macy’s, tossed out clearance items from a T.J. Maxx, or countless other hauls from the diver and content creator.

But is it legal?

Most states lack specific laws against dumpster diving, though trespassing laws essentially restrict such forays to public property. Likewise, the Supreme Court ruled in a 1988 case from California that searching trash put on the public curb is legal and can be done by police without a warrant.

Here in Delaware, there are similarly no statewide laws against the practice. After a simple review, some local governments providing waste removal have more specific policies.

In Wilmington, city code prohibits rummaging through garbage containers “unless requested to do so by the person to whom the container belongs.” That effectively bans any dumpster dives on private property, if enforced, unless the owner agrees.

Many shopping malls and stores have back areas that are largely considered private property, according to FindLaw.com, which also notes proper signage could be used in court to show a business took appropriate precautions.

Over in Newark, tampering with any city waste containers, including dumpsters, is similarly banned without authorization, according to an Eastern Shore Dumpster Dive community online. Dover also does not allow anyone to disturb or scatter waste put out for collection, per city code.