When a suspect does not respond to an officer's inquiry about understanding their rights, and questioning begins, what is this situation classified as?

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When a suspect does not respond to an officer's inquiry about understanding their rights, and questioning begins, this situation is classified as an invalid waiver of rights.

For a waiver of rights to be considered valid, it must be made knowingly, intelligently, and voluntarily. If a suspect fails to respond to the inquiry regarding their understanding of these rights, it indicates uncertainty or a lack of comprehension about their rights. In this context, the failure to engage or confirm understanding signifies that the suspect has not provided a clear and affirmative waiver. Consequently, any questioning that occurs under these circumstances would not meet the legal requirements for a valid waiver, rendering the waiver invalid.

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