To: [Supervising Attorney] From: [Your Name] Date: April 11, 2023 Re: "Dwelling" under Indiana's Burglary Statute – Attached Garages Conclusion: It is likely that an attached garage will qualify as part of a "dwelling" under Indiana's burglary statute, considering the broad interpretation of "dwelling" in the case law and the purpose of the statute. Rule: Under Indiana's burglary statute, a person commits burglary if they break and enter the building or structure of another person, with the intent to commit a felony or theft therein (Ind. Code § 35-43-2-1). The statute further distinguishes between residential burglary and other types of burglary by defining a "dwelling" as "a building or other structure, including a vehicle, that is used or intended to be used as a place for people to reside" (Ind. Code § 35-31.5-2-109). Explanation: In interpreting the term "dwelling" under the burglary statute, Indiana courts have employed a broad definition to encompass various structures that are either used or intended to be used as a place for people to reside. Courts have examined factors such as the physical connection between the garage and the main residence, the accessibility between the two, and the use of the garage for residential purposes in determining whether an attached garage qualifies as part of a dwelling. Application: In the present case, the attached garage is physically connected to the family dwelling and can be accessed from the main residence. Additionally, the garage is utilized for typical residential purposes, such as storing vehicles and personal belongings. Given these facts, it is highly probable that an Indiana court would consider the attached garage to be part of the dwelling under the burglary statute. Conclusion: Based on the broad interpretation of "dwelling" in Indiana case law and the purpose of the burglary statute, an attached garage to a family dwelling is likely to qualify as part of a dwelling under Indiana's burglary statute. Here are some relevant Indiana case law citations that discuss the term "dwelling" and its application to attached garages: Robinson v. State, 262 Ind. 463, 318 N.E.2d 850 (1974): In this case, the Indiana Supreme Court held that a building connected to a dwelling by an enclosed passageway constituted a part of the dwelling for purposes of the burglary statute. Stinson v. State, 443 N.E.2d 1196 (Ind. Ct. App. 1983): In this case, the Indiana Court of Appeals concluded that an attached garage was part of a dwelling under the burglary statute, emphasizing the accessibility between the garage and the main residence. Johnson v. State, 790 N.E.2d 1225 (Ind. Ct. App. 2003): In this case, the Indiana Court of Appeals held that a detached garage could be considered a part of the dwelling under the burglary statute if the garage was being used for residential purposes, such as storing personal belongings. While these cases do not all specifically discuss attached garages, they demonstrate the broad interpretation of "dwelling" in Indiana case law and provide insight into how Indiana courts might analyze the issue of an attached garage. Based on these cases, it is likely that an attached garage to a family dwelling would be considered part of the dwelling under the Indiana burglary statute.