342 F.2d 684 (9th Cir. 1965), 19543, Westover v. United States

Docket Nº:19543.
Citation:342 F.2d 684
Party Name:Carl Calvin WESTOVER, Appellant, v. UNITED STATES of America, Appellee.
Case Date:March 11, 1965
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 684

342 F.2d 684 (9th Cir. 1965)

Carl Calvin WESTOVER, Appellant,

v.

UNITED STATES of America, Appellee.

No. 19543.

United States Court of Appeals, Ninth Circuit.

March 11, 1965

Page 685

F. Conger Fawcett, San Francisco, Cal., for appellant.

Cecil F. Poole, U.S. Atty., Jerrold M. Ladar, Asst. U.S. Atty., San Francisco, Cal., for appellee.

Before CHAMBERS, Circuit Judge, MADDEN, Judge of the Court of Claims, and JERTBERG, Circuit Judge.

MADDEN, Judge:

This is an appeal from convictions on two counts of violations of 18 U.S.Code, §§ 2113(a) and 2113(d). Count (1) charged the robbery of a federally insured savings and loan association, and count (2), the robbery of a federally insured bank. Both of these financial institutions were in Sacramento, California. The savings and loan association was robbed on February 4, 1963, and the bank on March 14, 1963.

The appellant was arrested in Kansas City, Missouri, at about 9:45 p.m. on March 20, 1963, by two Kansas City policemen, on charges of robberies in Kansas City and also because of a report from the Kansas City office of the Federal Bureau of Investigation that the appellant was wanted on a felony warrant from the State of California. When arrested, he was entering an automobile. When he was first questioned by the Kansas City policemen he gave a false name, but later admitted his identity. He was searched, at the time of arrest, and his automobile was searched. He was taken to police headquarters and, after notice had been given to personnel in places in Kansas City that had been held up, he was placed in a line-up and identified by certain observers as the robber. At about 11:45 p.m. he was 'booked' by the Kansas City police.

F.B.I. agents in Kansas City, having been advised that the appellant had been arrested by the Kansas City police and was in custody in the city jail, told the police that they desired to interview the appellant. At about 11:30 a.m. on March 21, the F.B.I. agents were told that the appellant was available, in a room in the city jail. He had been interrogated, during the forenoon, by the police with regard to the local robberies. Three F.B.I. agents conducted the F.B.I. interview. No Kansas City policeman was present at the interview. The F.B.I. agents advised the appellant that he did not have to make a statement; that any statement that he made could be used against him in a court of law; that he had the right to consult an attorney. The agents made no threats or promises to the appellant. The appellant made detailed statements as to how he had committed the two Sacramento

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robberies for which he was later indicted and tried. His statements were written down in long-hand by one of the agents, as they were made, a separate statement being made for each of the robberies for convenience of filing. The statement about the savings and loan robbery occupied three pages and the one about the bank robbery occupied four pages. During the interview, there was on the table in the interview room a gun which the Kansas City police had found when they searched the appellant's hotel room. This search was made pursuant to a 'waiver of search' given by the appellant to the Kansas City police. The appellant said to the F.B.I. agents that that was the gun which he had used in the robberies. He said that the money, approximately $600, which he had when he was arrested in Kansas City was a part of the proceeds of the bank robbery, that it was all that was left of the $4300 which he obtained in that robbery, because he had lost all but $1000 of the money gambling at Las Vegas on his way to Kansas City.

The statements were signed by the appellant and the F.B.I. interview was completed at 2:00 or 2:30 p.m., some two or two and one-half hours after it began. At the time the interview began, and when it ended, none of the F.B.I. agents had received from Sacramento any details regarding the robberies described in the appellant's statements to them. They had, so far as appears, only been notified that the appellant was 'wanted' for the robberies.

Two of the same three F.B.I. agents interviewed the appellant again on the morning of the following day, i.e., on March 2. He told them that he wanted to change his statement of the previous day with regard to his mode of transportation to the savings and loan company on the day he robbed it, and to make a similar change with regard to his transportation in connection with the robbery of the bank. He said that the rest of the two statements were true as he had made them the previous day.

The statements...

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