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Missouri Wanteds Legal or Not?

You’re driving home. You haven’t done anything wrong. You’re obeying traffic laws. Then the lights come on.

The officer takes your license and registration, walks back to the patrol car, and returns several minutes later with words that stop most people cold: “There’s a wanted for you in the system. Step out of the vehicle.”

Not a warrant. A wanted.

Most people in Missouri—especially in St. Louis City and St. Louis County—have never heard of this system. Yet it’s used every day. This article explains what a Missouri wanted actually is, why federal courts are questioning its legality, and what you should do if this ever happens to you.

What Is a “Wanted” in Missouri?

To understand the problem, you have to understand the difference between a warrant and a wanted.

A warrant requires probable cause, a sworn statement, and review and approval by a judge. That is the constitutional baseline under the Fourth Amendment.

A wanted skips those safeguards entirely.

With a wanted, a single police officer decides probable cause exists. No judge reviews the evidence. No affidavit is sworn under oath. The officer simply calls a records operator, who enters the information into a regional law enforcement database, often REGIS, the Regional Justice Information System.

Once entered, officers across St. Louis City, St. Louis County, and sometimes across Missouri and Illinois can see it. Any officer who sees that entry may detain or arrest you based solely on the database listing.

Why Wanteds Are Constitutionally Problematic

The Fourth Amendment exists to prevent arrests without judicial oversight, and federal courts have recognized that Missouri’s wanted system undermines that protection.

In 2022, the Eighth Circuit Court of Appeals examined this practice in Furlow v. Belmar. The court made clear that a wanted is not enough to justify an arrest. It allows officers to seize and hold people without judicial oversight and functions as an end run around the Fourth Amendment.

The court reaffirmed a basic rule: there are only two constitutional ways to arrest someone. First, a judge issues a warrant based on probable cause. Second, an officer makes a warrantless arrest based on a recognized exception, such as witnessing a crime or exigent circumstances.

A wanted fits neither category.

At most, courts have said a wanted may justify a brief Terry stop, meaning a short detention to ask limited questions. It does not justify handcuffing someone, transporting them to a police station, holding them for hours, or interrogating them. When officers go beyond a brief stop, the arrest is unconstitutional.

How Long Can a Wanted Stay Active?

One of the most troubling aspects of the wanted system is how long these entries can remain active.

In Missouri, misdemeanor wanteds can remain active for up to one year. Non–Class A felony wanteds can remain active for up to three years. Class A felony wanteds can remain active indefinitely until the person is arrested or the agency removes the entry.

There is no public database that allows civilians to check whether they have an active wanted. You could have one right now and never know it until you are stopped by police.

A Real Case Shows the Risk

This is not a theoretical issue.

In 2024, a woman attended peaceful protests in St. Louis. She was briefly arrested and then released. No charges were filed, and no warrant was issued.

Months later, she was stopped while driving more than 30 miles away. An officer told her she had a wanted. She was handcuffed, transported to a police department, and held for hours while officers from another agency were contacted.

She was never charged with a crime.

The wanted had been issued by a private university police department, allowing officers who had no knowledge of the alleged conduct to detain her anyway. That case is now moving through federal court and illustrates exactly why courts are skeptical of the wanted system.

Why Police Use Wanteds Instead of Warrants

So why does this system exist?

The answer came out in sworn testimony. Police leadership acknowledged that officers often use wanteds because prosecutors require suspects to be interviewed before approving warrants. Suspects, however, have the constitutional right to remain silent and refuse interviews.

Wanteds allow officers to take people into custody anyway.

In effect, exercising your right to remain silent becomes a reason for detention. Federal courts have been blunt about this practice, calling it an end run around the Fourth Amendment. Even the U.S. Department of Justice criticized the use of wanteds in its 2015 Ferguson Report, noting that they were being used to bypass judicial review.

What To Do If an Officer Says You Have a Wanted

If an officer tells you there is a wanted for you, your response matters.

First, stay calm. Do not argue the law on the roadside. Anything you say can be used against you.

Second, be clear and direct. Say this and only this: “Officer, I am not resisting. I do not consent to questioning. I am invoking my right to remain silent, and I want an attorney.” Then stop talking. Do not try to explain your side or clear things up. Questions like “Why would police want me?” or “Don’t you want to clear this up?” are designed to get you talking. Silence protects you.

Third, document everything if you can. Note officer names and badge numbers, the time and location, and whether there were witnesses.

Fourth, contact an attorney immediately. If you cannot afford one, say so. You are entitled to appointed counsel. An attorney can challenge the legality of the detention, file motions to suppress evidence, and evaluate potential civil rights claims.

The Bottom Line

Missouri wanteds allow people to be detained or arrested without judges, without sworn evidence, and without notice.

Federal courts have made it increasingly clear that in most situations, this system violates the Fourth Amendment.

Until the law fully catches up, the best protection you have is knowledge. Know your rights. Invoke them clearly. And let your lawyer fight in court, not on the roadside.

 
 
 

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Attorney Matt

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Tel: 636-400-7744 ext. 4

2333 S. Hanley Rd.

St. Louis, MO 63144

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