ILNews

First impression on residential entry issue

Back to TopCommentsE-mailPrintBookmark and Share

Since a man who had permission to be in his ex-girlfriend's garage did not have permission to be in her house, he committed residential entry as a Class D felony when he kicked in her locked kitchen door to use the phone. The issue whether an attached garage is considered a dwelling under the residential entry statute is an issue of first impression for the Indiana Court of Appeals.

In Rahn Davidson v. State of Indiana, No. 49A02-0810-CR-898, Rahn Davidson contended he didn't commit residential entry because he had permission to be in his ex-girlfriend's garage. After they broke up, she allowed him to store some of his belongings in her garage, but did not allow him into her house. Davidson argued that Indiana caselaw holds that a garage is considered part of a dwelling for purposes of the burglary statute. Therefore in applying that line of reasoning to his case, he had permission to be in his ex-girlfriend's home and can't be convicted of residential entry.

The Indiana Court of Appeals found no Indiana cases dealing with this particular issue, so they turned to cases from other jurisdictions. The appellate court used State v. Cochran, 463 A.2d 618 (Conn. 1983), State v. McDonald, 346 N.W.2d 351 (Minn. 1984), and Wesolic v. State, 837 P.2d 130 (Alaska Ct. App. 1992), to hold the locked kitchen in the ex-girlfriend's residence constituted a separate structure or enclosed space for purposes of Indiana Code Section 35-41-1-10, and thus Davidson's entry into the kitchen constitutes the offense of residential entry, wrote Senior Judge Betty Barteau.

The ex-girlfriend gave Davidson permission to enter the garage, but not her house. The evidence shows there was a clear demarcation between the garage and the locked kitchen. Where there is an evidentiary boundary, such as a door that was locked at the time of the incident, the area is not only a part of the whole dwelling, but also a separate structure or enclosed space, she wrote.

Using Davidson's argument that his entry into the kitchen doesn't constitute residential entry because he was already in the dwelling amounts to carte blanche for anyone who obtains consent to enter only a portion of the residence, the judge continued. Under that rationale, a person couldn't be convicted of residential entry with respect to a separate portion of the residence even if he or she kicked in a locked door.

When the state seeks a conviction under the residential entry statute based upon unlawful entry of a separate structure or enclosed space within a dwelling, the state's burden includes a showing that any permission to be in one section of the dwelling didn't extend to the separate structure where the alleged residential entry occurred, wrote Senior Judge Barteau.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT