Kuwait Court of Cassation principle number 423

Searching a person, his residence or his correspondence to seize objects used in the crime, resulting from it or connected with it, whenever the necessity of the investigation requires this and no other means of obtaining them exists. Permissible for the investigator. Article 80 of the Criminal Procedures and Trials Law. - Whenever arrest is permissible, search is permissible. The condition for this: that the person conducting the search aim to seize objects connected with the crime for which the person was arrested and not seek objects connected with a different crime. - The arrest of the appellant and the other convicted person on a charge of theft, and the investigator's referral of the appellant to the forensic evidence department, which is a form of searching him for narcotics and not for anything connected with the theft. Impermissible. The judgment's conclusion that this search and the evidence resulting from it were valid. - 216 - Criminal Procedures and Trials Vitiates it and requires its cassation.