Legal Memorandum Format Sample Page 5
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10part of the living quarters of the house.” Id.
On the other hand, where a structure is attached, but used only for commercial, rather
than residential activities, it is not a living quarters. People v. Thomas, 561 N.E.2d 57 (Ill. 1990).
In Thomas, a garage was attached to a multi-unit apartment building. All of the garages and
apartment units shared the same roof. The owner used the garage to park her car and to store
large quantities of perfume for a commercial business. The court held that the attached garage,
“at least in this instance,” was not a living quarters. Id. at 58.
The court implicitly reasoned that a garage used only to store products for sale in a
commercial business is not a living quarters, even when attached to the owner’s apartment
building. However, the court left open the possibility that a garage could, given the appropriate
use as a living quarters, constitute a dwelling under the Statute. The court reasoned that “an
attached garage is not necessarily a ‘dwelling’ within the meaning of the residential burglary
statute.” Id. (emphasis added). That language implies that a garage, appropriately used as a
residence or living quarters, could be a dwelling under the statute. See also People v. Silva, 628
N.E.2d 948, 953 (Ill. App. Ct. 1993) (noting that Thomas left open the possibility for a garage to
be a dwelling under the statute).
Like the porch in McIntyre, Michael Stripe used the Stripe’s garage for activities
commonly associated with a living quarters. Like the activities of “sitting, eating and cooking”
in McIntyre, Michael Stripe’s use of the garage for playing and listening to music, watching
television, and eating snacks are uses commonly associated with a living quarters. In addition,
Michael Stripe’s use of the garage as a sleeping quarters during the summer and fall only
strengthens the argument that the garage is a dwelling under the Statute. Unlike the McIntyre
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