US v. Thongsophaporn, No. 06-1667 (9/20/07). When police interrogate people, apparently, it is very important to get them to waive their Miranda rights. When rich people do this, they have lawyers. When poor people do it, the court looks at the “totality of the circumstances.” If the defendant initially asserted his Miranda rights, the court figures out how he re-initiated a conversation and waived them, and no amount of “subtle psychological pressure” changes makes the waiver involuntary. So, the First lays down the law: subtle psychological pressure is okay. Having an agent remain in the room and stare at the defendant is good and encouraged. So, the guy gets convicted, and sentencing enhancements – including a finding that guns were involved in drug trafficking – are upheld on the facts.