Kuwait Court of Cassation principle number 438

A protective search. A right of the police officer arresting a person to remove from him weapons and anything he might use to resist or to harm himself or others. The basis thereof: Article 51 of the Criminal Procedures and Trials Law. - A police officer's lawfully arresting the accused persons and protectively searching both of them without finding anything on them. He must confine himself to this extent of search. His proceeding to search the first accused's private car without justification from the circumstances of the incident or obtaining authorization from the investigator, finding cigarettes stuffed with fragments of narcotic substances and a psychotropic tablet, and sending the appellant to the Forensic Evidence Department for examination and analysis of samples of his urine and blood. Its effect: invalidity of the search and the results of the analysis. - Whenever arrest is valid, search is valid. The limit thereof: that the search have a justification and be required by the circumstances of the incident. - What is founded on an invalid act is invalid. Its implication: invalidity extends to the evidence derived from this procedure. The challenged judgment's departure from this view. Defective inference requiring its cassation. Example. - 220 - Criminal Procedures and Trials 7- Plea of invalidity of the search: