Kuwait Court of Cassation principle number 427

A police officer’s seeing the appellant driving his car with tinted windows in violation of the Traffic Law. Permits him only to stop him, arrest him, and draw up the requisite report. Searching the car and finding narcotic substances and ammunition. Invalid. Reason: the objective was to search for another crime unconnected with arresting the appellant for violating the Traffic Law. This is not altered by the fact that, whenever arrest is permissible, a search incidental to it is permissible. Reason: the search following arrest must have its justification. The judgment’s contravention of this: deficient reasoning and unsound inference requiring its cassation. - 217 - Criminal Procedures and Trials