Also known as: dwellings · residence · abode · domicile
Written by attorneys · grounded in primary & secondary sources — see below
A structure that people regularly use for sleeping. It remains a dwelling even if occupants also use it for other purposes or are temporarily absent, but it is not a dwelling before anyone has moved in or after all occupants have moved out without intent to return. The structure must serve as a dwelling for someone other than the defendant.
Derek Douglas hid inside Dolores Diaz's cabin intending to steal jewelry. After the family returned, he broke a window to flee. The breaking occurred only to exit, so it did not satisfy the burglary element even though the structure was a dwelling used regularly for sleeping.
Diana Delgado sued Dominion Capital in federal court claiming diversity jurisdiction based on her citizenship in State A at filing. She later moved into a new dwelling in State B. The post-filing change in domicile did not destroy jurisdiction once it attached at the time suit was instituted.
Select any source to read its text and confirm it supports the definition.
Daniel Diaz, a citizen of State A, sued a foreign national lawfully admitted for permanent residence who lived in the same State A dwelling. The district court lacked original jurisdiction under the alienage provision because the parties were domiciled in the same state.
Dakota Industries contracted to sell goods to Dwight Dorsey. Because the parties did not agree otherwise, delivery occurred at the seller's residence, a dwelling that also housed its small business office, satisfying the place-of-delivery rule.
Devon Drake sought modification of a support order in State A. Because State A was the residence of the child at the time of filing, the tribunal could exercise jurisdiction to modify the order under the uniform act.
Diamond Manufacturing's agent unlawfully removed an employee from the employee's dwelling to coerce a confession. The removal from the place of residence satisfied the kidnapping element when done with the required purpose.
A structure qualifies as a dwelling if someone uses it regularly for sleeping. It remains a dwelling even when occupants use it for business or are temporarily absent, but it loses that status before initial occupancy or after final departure without intent to return.
Supporting sources
Yes. Occupancy rather than ownership controls. An owner commits burglary of the owner's own building when tenants occupy and use it as their dwelling.
Supporting sources
It depends on whether the garage is regularly used for sleeping. Courts instruct juries to decide based on the facts whether the structure meets the regular-sleeping-use test.
Supporting sources
The defendant must intend to commit a felony inside the dwelling at the moment of entry. Intent formed only after entry does not satisfy the burglary elements.
Supporting sources
…the judges discuss the Marian statutes in dicta. One of them, Buller, J., defended admission of the pauper's statement of residence on the basis of authorities that purportedly held ex parte Marian examinations admissible. Id. , at 713-714, 100 Eng. Rep., at 819. As evidence writers were quick to point out, however,…