Kuwait Court of Cassation principle number 349

An investigatory stop is a measure taken by a public authority officer to inquire into offences and identify their perpetrators, and is warranted by suspicion justified by the circumstances. It is permissible for a public authority officer. Where a person voluntarily and of his own choice places himself in a position of suspicion and doubt in a manner indicating a necessity requiring intervention by the officer making the stop to inquire into and ascertain his true circumstances. Article 52 of the Code of Criminal Procedure and Trials. - Determining whether justification for the investigatory stop exists or is absent. Is among the matters that the trial judge independently assesses. Provided that his inference is justified. - The existence of external manifestations indicating in themselves the occurrence of the act constituting the offence. Is sufficient to establish a state of flagrante delicto. - Assessment of the circumstances surrounding the offence and whether or not it was in flagrante delicto. Is independently undertaken by the trial court. - A police officer may, where an offence is in flagrante delicto, search the accused. Article 43 of the Code of Criminal Procedure and Trials. - The appellant’s admission that he was not carrying a driving licence, in violation of the provisions of the Traffic Law. Provides justification for stopping him to take legal measures in his regard. The incidental appearance of the narcotic substance hashish while he presented his civil identity card to the officer. A state of flagrante delicto permitting his search.