United States v. Gerald Leroy Read

Defendant contends that his conviction under the Dyer Act, 18 U.S.C. § 2312 , should be reversed because the trial court erred in denying his motion to suppress his oral confession to an FBI agent.

The motion to suppress was based on two grounds. The first was that defendant’s confession to the FBI agent was inadmissible under Westover v. United States, 384 U.S. 436, 494-497 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), because it followed a confession obtained the day before by local police officers without first giving the warnings required by Miranda v. Arizona, 384 U.S. 436 , 86 S. Ct. 1602, 16 L.Ed.2d 694 , 10 A.L.R.3d 974 (1966). See United States v. Pierce, 397 F.2d 128, 130-131 (4th Cir. 1968); Evans v. United States, 375 F.2d 355, 360-361 (8th Cir. 1967). The second ground was that because of defendant’s physical and emotional condition he was incapable of voluntarily and intelligently waiving his Fifth Amendment rights at either interrogation.

As presented to the trial court, the first ground depended upon the resolution of a single factual issue. Defendant asserted in his motion papers and at the evidentiary hearing that a local officer delivered the Miranda warnings and…