is it illegal to fish empty cans out of a recycling box?

If you have to go on to private property to do so, it is illegal.
 
I think if it went to court a judge would say that there is an implicit agreement transferring ownership from the person that puts the can into the box, and the party that maintains the box.

So, it COULD be considered petty theft.

Why don't you just look in the gutter like other soda can collectors?
 
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