Kuwait Court of Cassation principle number 429

A situation of flagrante delicto permits the police officer to search the person without the investigator's authorisation. Article 43 of the Criminal Procedures Law. Its condition: that the flagrante delicto result from a lawful procedure. - The officer's mere observation of the appellant in an abnormal state or his seeing tablets in the car driven by him, without claiming to suspect that their possession or holding was criminalised. Permits an investigative stop, escort to the police station, or obtaining authorisation from the competent authority for a search. Does not establish the situation of flagrante delicto that permits arrest and search without a warrant. Nor does it provide strong evidence accusing him of a felony. - The appellant's handing a narcotic substance and psychotropic tablets to the officer pursuant to his order to produce what he had with him. Is not voluntary relinquishment. Seizure of those narcotic substances and what was seized thereafter, and searching the car. Invalid.