Kuwait Court of Cassation principle number 431

Arresting and searching a person or searching his personal belongings. Impermissible without a warrant from the investigating authority except in offences in flagrante delicto and the cases exhaustively set out in Article 43 and Articles 53 to 57 of the Criminal Procedures and Trials Law. - An offence in flagrante delicto. Requires the police officer to ascertain its existence. Cases thereof: witnessing it himself, or witnessing a trace thereof or a result thereof conclusively establishing its occurrence. - The appellant’s stopping his car at the roadside at noon. Permits the police officer only to inquire into his circumstances and the reason for his stopping. His discovery that the appellant was in an abnormal condition and that a tablet fell from him accidentally while he was taking out his identity document. His suspicion that it was a psychotropic substance. Does not establish flagrante delicto. His arrest and search of the appellant. An invalid procedure that invalidates the evidence derived from it. Reason: what is founded on invalidity is - 218 - Criminal Procedures and Trials invalid. The judgment’s contravention thereof. Requires its cassation.