Kuwait Court of Cassation principle number 202

The police officer’s observing the appellant driving his car with tinted windows in violation of the Traffic Law. Permits him only to stop and arrest him and draw up the necessary report. Searching the car and finding narcotic substances and ammunition. Invalid. The reason: it was aimed at searching for another offence unconnected with the appellant’s arrest for violating the Traffic Law. This is not altered by the fact that where arrest is permissible, the search incidental to it is permissible. The reason: it is a condition that the search following the arrest have its justification. The judgment’s contravention thereof: inadequacy and unsound reasoning requiring its cassation.