Kuwait Court of Cassation principle number 353

Arresting and searching a person or searching his personal belongings. Not permissible without authorisation from the investigating authority except in witnessed crimes and the situations exhaustively specified in Article 43 and Articles 53 to 57 of the Criminal Procedures and Trials Law. - A witnessed crime. Requires that the police officer ascertain its existence. The situations thereof: observing it himself, or observing one of its traces or one of its consequences that conclusively establishes its occurrence. - The appellant's stopping his car at the roadside at noon. Permits the police officer only to inquire into his situation and the reason for his stopping. His discovering that the appellant was in an abnormal state and that a tablet fell from him accidentally while he was taking out his identification. His suspicion that it was a psychotropic substance. Does not establish a situation of flagrante delicto. His arrest and search of the appellant. An invalid procedure that invalidates the evidence derived from it. The reason for this: what is founded on invalidity is invalid. The judgment's departure from this. Requires its cassation.