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St. Louis Police “Wanteds”: Why They’re Not Warrants—and Why Federal Courts Are Calling Them Unconstitutional

Most people think the only way police can arrest you is with a warrant signed by a judge.


In St. Louis, that assumption can get you arrested.


Every day, people are taken into custody based on something called a “wanted”—and no judge ever signs off on it.


What Is a “Wanted” in St. Louis?


A warrant requires a judge.


A wanted does not.


A valid arrest warrant requires:

  • Probable cause

  • A sworn statement under oath

  • Review and approval by a judge


That is the constitutional standard under the Fourth Amendment.


A wanted works very differently.


In St. Louis City and St. Louis County, a single police officer can issue a wanted without ever going to a judge. The officer does not submit an affidavit. There is no sworn testimony. No magistrate reviews probable cause.


Instead, the officer calls a dispatcher and asks for a wanted to be entered into the system.


How Wanteds Are Entered Into the System


When an officer issues a wanted, the following information is entered into the Regional Justice Information System (REJIS):


  • Name and physical description

  • Address

  • Alleged offense

  • Officer contact information


That’s it.


No affidavit.

No sworn statement.

No judicial oversight.


Once entered, any officer in St. Louis City, St. Louis County, and often surrounding jurisdictions can see it—and many officers treat it as authority to arrest.


The Most Dangerous Part: You Don’t Know It Exists


There is no public database to check whether you have a wanted.


You are never notified.

You cannot challenge it in advance.

You may not learn about it until you’re in handcuffs.


Wanteds can stay active:


  • Up to 1 year for misdemeanors

  • Up to 3 years for non–Class A felonies

  • Indefinitely for Class A felonies


You could have an active wanted right now and have no way of knowing.


Federal Courts Are Saying the Quiet Part Out Loud


Federal courts have begun directly addressing this system—and they are not impressed.

In a key federal appellate decision, the court held that a wanted alone is not enough to justify an arrest.


The Constitution allows arrests in only two ways:


  1. A judge-signed warrant based on probable cause

  2. A warrantless arrest when a recognized exception applies (such as witnessing a crime or exigent circumstances)


A wanted does not fit either category.


At most, a wanted may justify a brief investigatory stop—a Terry stop—to ask limited questions. It does not justify:


  • Handcuffing

  • Transporting someone to a station

  • Holding them for hours

  • Interrogating them


Doing so is an unconstitutional arrest.


The Court Called It an End Run Around the Fourth Amendment


During litigation, a St. Louis County police chief testified under oath that officers routinely used wanteds instead of warrants because prosecutors required suspects to be interviewed before seeking judicial approval.


So officers would:


  1. Issue a wanted

  2. Wait for a traffic stop

  3. Arrest the person

  4. Interrogate them

  5. Only then seek a warrant


The court called this exactly what it is: an end run around the Fourth Amendment.


Between 2011 and 2016, St. Louis County issued more than 15,000 wanteds. Only about 17% resulted in someone being taken into custody.


The rest lingered—months or years—hovering over people’s lives.


A Real Example: Arrested Without a Warrant, Never Charged


In a case now moving through federal court, a woman attended a peaceful protest, was briefly detained, and released with all property returned.


Months later, officers from a private university police department attempted to retrieve an item they claimed she had—without a warrant.


Later, during a routine traffic stop miles away, she was arrested on a wanted. She was held for hours and interrogated. She was never charged with a crime.


There was no warrant. There was no judge. There was no probable cause reviewed by anyone neutral.


That is the danger of the wanted system.


Why Prosecutors and Police Defend the System


Police departments have argued that wanteds exist because prosecutors want to interview suspects before applying for a warrant.


But here’s the constitutional problem:


You have the right to remain silent.You have the right to an attorney.You do not have to talk to police.


The wanted system turns the exercise of those rights into a reason to arrest.


That is why civil rights lawyers, public defenders, and even the Department of Justice have criticized the practice. The DOJ flagged it in its 2015 Ferguson Report as a systemic abuse.


What To Do If You’re Stopped on a Wanted in St. Louis


If an officer tells you there is a wanted for you, do the following:


1. Stay Calm


Do not argue. Do not resist. Anything you say can be used against you.


2. Invoke Your Rights Clearly


Say this—and only this:


“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.


3. Document Everything


Note the time, location, officer names or badge numbers, and any witnesses. This matters later.


4. Contact an Attorney Immediately


An attorney can:


  • Challenge the legality of the detention

  • File motions to suppress evidence

  • Pursue civil rights claims if appropriate


If you cannot afford an attorney, say so. You are entitled to appointed counsel.


The Bottom Line


Wanteds allow people to be arrested without a judge.

They’ve been used to avoid judicial oversight.

They’ve been used to pressure interrogations.

They’ve been used to punish people for exercising constitutional rights.


But the tide is turning.


Federal courts are stepping in. Lawsuits are being filed. The system is finally being scrutinized.


The best defense is knowledge.


Know your rights.

Stay calm.

Invoke silence.

Ask for an attorney.


Let your lawyer fight in court—not on the roadside.


If you or someone you know has been arrested on a wanted in St. Louis City or St. Louis County, legal help matters early. These cases are winnable—but only if handled correctly.


Stay informed. Stay protected. And remember: you have rights. Use them.

 
 
 

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Attorney Matt

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attorneymattwayman@gmail.com

Tel: 636-400-7744 ext. 4

2333 S. Hanley Rd.

St. Louis, MO 63144

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