Kuwait Court of Cassation principle number 383

A police officer’s right to search the accused or his residence if he witnesses the commission of the offence or arrives at the scene while the offence is still in flagrante delicto. Article 43, Criminal Procedures and Trials. - The judgment’s conclusion that the residence was searched after the officer apprehended the appellant following completion of the attempted purchase conducted with him by the confidential informant within the officer’s sight, and after the confidential informant handed him the packet of narcotics that the appellant had sold him and the officer examined it and found that it contained the narcotic heroin, so that the offence became flagrante delicto for the officer, permitting him to search the apartment in which the appellant told the officer he kept another quantity of the same narcotic. Reasonable and sufficient to answer the plea of invalidity of the search of the residence. Criticising the judgment for this response. Unavailing.