State v. Carswell

Facts

Morgan was the security guard for the Day's Inn Motel. The motel was not in use at that time as it was still under construction. Upon inspection of the premises that morning, Morgan discovered that five or six rooms had been broken into during the night. In Room 158, the window air conditioner had been pried away from the base on which it rested in the bottom of the window, but it had not been removed. Morgan asked Mrs. Strickland to stay at the motel while he called the Sheriff's Department. While he was gone, a pickup truck pulled into the motel with three people in it, one of them being D. They wanted to get into the motel building and claimed that they were sent there by their boss. They left after Mrs. Strickland would not let them in. Morgan stayed at the motel and guarded the rooms from a balcony. D and another man walked onto the premises of Day's Inn Motel from some nearby woods and entered Room 158. Morgan saw the two men take the air conditioner off its stand in the window and put it on the floor. The unit was moved approximately four to six inches toward the door. After setting the air conditioner on the floor, the men left the room. Morgan stopped them as they appeared to be entering another room. The Sheriff was called. A pickup truck was seen driving up and down a road adjacent to the Day's Inn Motel. It was the same truck Strickland had seen D at the motel earlier that morning. D claimed they were at a bar that night and were drunk. They walked up the road to the Day's Inn Motel and decided to go into a room to lie down because they were tired and drunk and could not get a ride home. They entered a room that had its door ajar, but left because 'it stunk so bad in there.' As they started down the sidewalk outside the room, a man yelled and ordered them to stop. Thereafter they were arrested. D was tried and convicted of larceny. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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