Kuwait Court of Cassation principle number 200

An investigatory stop is a measure taken by a police officer to inquire into an offence and identify its perpetrators, and is warranted by suspicion justified by the circumstances. - Restriction of personal liberty. Is impermissible except in cases of flagrante delicto, with authorisation from the Public Prosecution, or in one of the cases exhaustively enumerated in the law. The basis thereof. - The officer’s observing the accused in an abnormal state. Does not permit him to arrest and search them both. The reason for this. - An investigatory stop is conditional upon: its procedures not involving physical interference with the person under inquiry that infringes his personal liberty. Contravention thereof. An arrest not permitted by law. - The accused’s handing the cigarette packet in which the narcotic hashish was seized to the officer pursuant to his order to do so. Involuntary relinquishment. His arrest and search. Invalid. Invalidity of the evidence derived therefrom. The necessity of excluding the evidence derived from the testimony of the officer who carried it out and the forensic evidence report on the examination of the seized items and analysis of the accused’s urine sample, after his denial during the investigations of what was attributed to them both. The reason for this. The challenged judgment’s adherence to this view. Correct.