The People of the State of Colorado v. Patrick Rau.

Summary

The court held that the basement of the building where Rau rented an apartment was part of his dwelling under Colorado's force-against-intruders statute. Applying the statutory definition of dwelling, the court concluded that the basement was part of a building used for habitation and that its shared use for household storage and the building's water and heat systems did not remove it from that definition. The court affirmed the judgment granting Rau immunity from prosecution, while limiting its decision to the circumstances presented.