Exercise: Is a Tent a Dwelling?

The introductory material for this module discussed the legal syllogism, the form of deductive reasoning involving a question, a major premise, a minor premise and a conclusion. Lawyers learn early in law school to think in terms of IRAC: Issue, Rule, Application, and Conclusion. The question in a syllogism is the Issue (I). The major premise in a syllogism is the Rule (R).One applies (A) this rule (or major premise) to the facts of a case (or minor premise) in order to reach a conclusion (C).

The previous module required you to prepare an IRAC outline for several hypotheticals. Now that you have had some practice, the following exercise tests your mastery of deductive reasoning.

1. Submit your answer on Canvas.
2. This exercise is worth 10 points. Check the syllabus for due dates.

Assignment:

Below is a hypothetical involving an alleged burglary and, more specifically, whether the defendant entered a "dwelling." For each, prepare an IRAC outline that identifies the legal issue (I), identifies the relevant rule that will apply (R), briefly explains how the rule applies (A) to those facts, and states your conclusion (C) regarding the legal issue. To the extent you believe there is a plausible counter argument to your conclusion, you should identify it in the manner above. Likewise, if you believe it is necessary to reason by analogy or distinction, you should do so.

The Florida branch of our firm is representing Bill Mason as part of our pro bono criminal defense initiative. Mr. Mason has been charged with burglary under Florida law, and he wants to know whether he should plead guilty. He has the impression that the case against him is strong, but he wants our advice before he considers any plea offer.

Natty Gann, the victim, is a 45-year-old former truck driver. Several years ago, Ms. Gann became homeless after being laid off, losing her health insurance, and amassing medical bills she could not afford. For the last several months, Ms. Gann has resided in a homeless encampment on the outskirts of Orlando. The encampment is an unsanctioned residence area where several homeless individuals live in tents.

Ms. Gann has staked out an area that is surrounded by tarps she has hung from overhanging tree branches. She has a firepit and grill within the tarp-covered area, and she has even divided the area into two "rooms" by hanging a heavy plastic curtain from one of the branches. She has an old mattress that she uses for a bed, and she keeps her belongings in makeshift shelving units made from cardboard boxes and plastic containers. When she sleeps or wants privacy, she closes the exterior tarps to keep out other members of the encampment. She also closes the exterior tarps when she leaves. She has decorated the tarps with artwork and homemade dream catchers, which she sometimes sells to tourists. Ms. Gann does not sleep at the site every night; she occasionally stays at a shelter or on a city street.

Mr. Mason lives nearby the encampment in a motel, where he rents a room for a low monthly rate. He has been accused of going into Ms. Gann's tarp-covered area and taking several of her items, including a box of art supplies and a battery-powered stereo she used to listen to music.

A neighbor of Ms. Gann's at the encampment claims to have seen Mr. Mason go into Ms. Gann's area and exit carrying numerous items. The neighbor identified Mr. Mason as the person he saw taking Ms. Gann's possessions.

As noted, Mr. Mason has been charged under Florida's burglary statute. Prepare an IRAC outline that addresses whether Ms. Gann's tarp-covered enclosure qualifies as a "dwelling" under Florida law. We do not have any basis for disputing that Mr. Mason took items from Ms. Gann's campsite, so please limit your analysis to the "dwelling" issue.

West's F.S.A. 810.02

810.02. Burglary

Effective: July 1, 2016

(1)(a) For offenses committed on or before July 1, 2001, "burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.

(b) For offenses committed after July 1, 2001, "burglary" means:

1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
   1. Surreptitiously, with the intent to commit an offense therein;
   2. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
   3. To commit or attempt to commit a forcible felony, as defined in s. 776.08.

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West's Florida Statutes Annotated

Title XLVI. Crimes (Chapters 775-899)

Chapter 810. Burglary and Trespass (Refs & Annos)

As used in this chapter:

West's F.S.A. 810.011

810.011. Definitions

Effective: July 1, 2007

(1) "Structure" means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term means a building of any kind or such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.

(2) "Dwelling" means a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term includes such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.

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