What constitutes an "implied waiver" of rights?

An "implied waiver" of rights occurs when a suspect's actions suggest that they are relinquishing their right to an attorney or right to remain silent. This type of waiver is not necessarily vocalized but is inferred from the suspect's behavior in a given context. For instance, if a suspect begins to respond to questions or engages in a conversation with law enforcement after being informed of their rights, it may be interpreted as an implied waiver of their right to remain silent.

It's essential to recognize that an implied waiver is distinct from an explicit waiver, which involves a clear, affirmative statement that the individual understands their rights and chooses to give them up. In scenarios where an officer explains rights clearly or when a suspect initially agrees to questioning, those do not automatically indicate that a waiver of rights has occurred, particularly if the suspect remains hesitant or confused about their rights.