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BY MATT WAYMAN

St. Louis Police 'Wanteds': Why They're Not Warrants

BY MATT WAYMAN

Mar 19, 2023

Every day in St. Louis, people are taken into custody based on a 'wanted' that no judge ever signed. Federal courts are increasingly calling the practice 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. 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.


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 one year for misdemeanors, three years for non–Class A felonies, and indefinitely for Class A felonies.


Federal Courts Are Saying the Quiet Part Out Loud

Federal courts have begun directly addressing this system — and they are not impressed. The Constitution allows arrests in only two ways: a judge-signed warrant based on probable cause, or a warrantless arrest when a recognized exception applies. A wanted does not fit either category.


At most, a wanted may justify a brief investigatory Terry stop. It does not justify handcuffing, transporting, holding for hours, or interrogating. Doing so is an unconstitutional arrest.


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 custody. The rest lingered — months or years — hovering over people's lives. Even the U.S. Department of Justice criticized the practice in its 2015 Ferguson Report.


What To Do If You're Stopped on a Wanted

Stay calm. Invoke your rights clearly: '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. Document everything. Contact an attorney immediately — to challenge the legality of the detention, file motions to suppress, and pursue civil rights claims if appropriate.

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