Kuwait Court of Cassation principle number 156

An investigative stop is a procedure carried out by a police officer in the course of investigating an offence and detecting its perpetrators, and is warranted by suspicion justified by the circumstances. - Restriction of personal liberty. Not permissible except in cases of flagrante delicto, with authorisation from the Public Prosecution, or in one of the cases exhaustively specified in the law. Basis thereof. - The officer’s observation of the accused persons in an abnormal state. Does not permit him to arrest and search them both. Reason therefor. - An investigative stop. Its condition: its procedures must not involve physical interference with the person under inquiry that infringes his personal liberty. Contravention thereof. An arrest not permitted by law. - The accused’s handing to the officer the cigarette packet in which the narcotic hashish was seized, pursuant to his order to him - 152 - Criminal Procedures and Trials to do so. Involuntary relinquishment. His arrest and search. Invalid. Invalidity of the evidence derived therefrom. The evidence derived from the testimony of the officer who conducted it and the forensic evidence report examining the seized items and analysing the accused’s urine sample must be excluded after his denial during the investigations of what was attributed to them both. Reason therefor. The challenged judgment’s adherence to this view. Correct.