Westover v. United States
Westover v. United States, 384 U.S. 436 (1966), involved a situation where the Kansas City police questioned the defendant for a number of hours. See 384 U.S. at 494-95.
There was no indication that the local police had given the defendant any Fifth Amendment warnings. See id. at 495.
After the police concluded their interrogation, Westover was immediately turned over to the FBI for questioning. See id.
The questioning took place at the same police station where the local police had questioned the defendant. See id.
At trial one of the FBI agents testified that the defendant was told he did not have to make a statement, any statement made could be used against him, and he had the right to see an attorney. See id.
The Supreme Court reversed the conviction despite the testimony of the agent and in doing so the Court said, "There is no evidence of any warning given prior to the FBI interrogation nor is there any evidence of an articulated waiver of rights after the FBI commenced its interrogation." Id. at 496.