Pool House: A Dwelling Analysis
The State will likely be able to prove the Hernandezes’ pool house constitutes a dwelling because the facts support that its construction resembles that of the main dwelling and that it is frequently used for similar purposes as the living quarters, such as eating, sitting, watching television, and hosting friends.
As defined in ILCS §5/19-3, “a person commits residential burglary when he knowingly enters or remains within the dwelling place of another, or any part thereof, with the intent to commit a felony.” For the purpose of this statute, dwelling is defined as “a house, apartment, mobile home, trailer, or other living quarters” in which a person “actually resides.” §5/2-6(b). However, courts may take into account additional factors to determine if a structure is constitutes a dwelling or “part thereof.” §5/19-3. In determining whether a structure is a dwelling under the residential burglary statute, the courts consider two main factors: (1) the physical attributes of the structure and (2) the use of the structure. Thomas, p.64; Cunningham, p. 1252.
The policy underlying the residential burglary statute is “to protect the privacy and sanctity of the …show more content…
The use of locks suggests that the owner intended to keep intruders from entering the structure. Preventing intruders from gaining access to the dwelling protects the residents of that dwelling from the possible dangers of residential burglary. Similarly, proximity to the main dwelling also reinforces the ideas of the underlying policy. When a structure provides direct access to the main dwelling, it is essential that it be considered an extension of the dwelling so that the privacy and security of the home is