Legal Memorandum Format Sample Page 6
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10activities of barbecuing, eating, and sitting, which can occur outside of a dwelling, sleeping is an
activity uniquely associated with a living quarters. Moreover, Michael Stripe’s use of the garage
is clearly distinguishable from Thomas, where the owner used the garage only for storage
purposes.
In addition, like the owners in McIntyre, Michael Stripe furnished the garage in a manner
that reflects its use as a living quarters. Like the grill and wrought-iron furniture in McIntyre,
Michael Stripe’s sound system, small t.v., mini-refrigerator, and futon reflect that he uses the
garage for activities typically associated with a living quarters. Again, the furnishings are a far
cry from the garage in Thomas, which housed only the owner’s car and boxes of commercial
products for sale.
Finally, the frequency of Michael’s use of the garage as a living quarters is also similar to
the use of the porch in McIntyre. Michael spends at least two to three evenings a week and his
spare time on weekends in his get-a-way. During the summer and fall, he sleeps there seven
nights a week. Michael’s regular and frequent use far exceeds the owner’s limited, occasional
use of the garage in Thomas to retrieve her car or perfume products from storage. In fact, in
August when the garage was burglarized, Michael’s frequency of use even exceeded that of the
owners in McIntyre, who used the porch only four to five times a week.
Defendant may argue that, despite Michael Stripe’s frequent use of the garage for
activities associated with a living quarters, the garage’s physical detachment from the Stripe’s
home prevents it from being a “living quarters” in which the owners “reside.” Under this theory,
the defendant would argue that the garage, standing alone, is not a living quarters in which
anyone resides. The garage has no running water, bathroom facilities or heat. Thus, the garage’s
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