This video explains the concept of a "wanted" in Missouri, differentiating it from a judge-signed arrest warrant and discussing its legal and constitutional implications.
Key points from the video include:🐍🔥
- What is a "Wanted"? A "wanted" is a police officer's decision that they have probable cause for an arrest, entered into the Regional Justice Information System (Regis) without judicial oversight. It includes the person's name, description, address, alleged crime, and officer contact information, with no sworn statement or judge's review.
- Difference between a Wanted and a Warrant: A warrant requires a judge to review evidence under oath and sign off on it, ensuring probable cause and judicial oversight. A wanted, however, is initiated solely by a police officer and entered into a database without any judicial review or approval.
- How Wanteds are Used and Their Duration: Once entered, any officer in the region can use a wanted to arrest someone. The individual is not notified and cannot challenge it beforehand. Wanteds can remain active for extended periods: up to one year for misdemeanors, three years for non-Class A felonies, and indefinitely for Class A felonies or until removed by the agency. There's no public system to check for active wanteds.
- Constitutional Concerns and Court Rulings: Federal courts, such as the A Circuit Court of Appeals in Furlow v. Belmar (2022), have stated that a wanted is not sufficient to justify an arrest. Arrests are only constitutional with a judge-signed warrant or under specific warrantless arrest exceptions (e.g., officer witnesses a crime or exigent circumstances). The court deemed using wanteds to detain, transport, hold for hours, and interrogate someone without a warrant or independent probable cause as an unconstitutional arrest.
- Why the System Exists: The St. Louis County Police Department claims the system is used because the Prosecuting Attorney's Office requires a suspect to be interviewed before applying for a warrant. This allows police to issue a wanted, make an arrest during a traffic stop, and then interrogate the individual, effectively circumventing the right to remain silent and the Fourth Amendment.
- What to Do if You are Stopped for a Wanted:
- Stay calm .
- Be clear and direct: State, "I am not resisting. I do not consent to any questioning. I am invoking my right to remain silent, and I want my attorney." Then stop talking. Do not argue or explain your side.
- Document everything: Get the officer's name/badge number, remember the time, and gather witness information.
- Contact an attorney immediately: An attorney can challenge the wanted, file motions to suppress, and potentially file a civil rights lawsuit.
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