Under which condition should an officer consider that a suspect has NOT waived his rights?

A suspect is considered to have not waived their rights when they explicitly ask for a lawyer, remain silent, or provide an ambiguous response regarding their desire to continue speaking with law enforcement. The right to counsel, as established by the Miranda warning, is fundamental to ensuring that individuals are aware of their legal protections during custodial interrogation. When a suspect indicates the need for a lawyer, it signifies a clear desire to have legal representation present, which must be honored by law enforcement. This reflects the individual's right to a fair process and indicates they do not wish to proceed without legal assistance.

Additionally, remaining silent can also be interpreted as a desire to not engage in questioning, and an ambiguous response may suggest uncertainty about proceeding. In both cases, law enforcement must respect these indications, as they reflect the suspect's rights under the Fifth Amendment.

Engaging in community service or providing information about another crime does not impact the suspect's waiver of rights. Admission of guilt, while significant, does not necessarily indicate a waiver of rights either, as a suspect may still be under the impression that they need legal representation before making any statements.