Kuwait Court of Cassation principle number 1244

An investigative stop is a measure undertaken by a public authority officer to investigate crimes and uncover their perpetrators, and is warranted by suspicion justified by the circumstances. It is permissible for a public authority officer whenever a person voluntarily and of his own choice places himself in a position of suspicion and doubt in a manner indicating a necessity requiring the stopping officer's intervention to investigate and ascertain his true circumstances. Article 52, Criminal Procedure and Trials. - Determining whether justification for an investigative stop exists or is absent. A matter independently assessed by the trial judge, provided that his inference has a justification. - The existence of outward manifestations which in themselves indicate the occurrence of the act constituting the crime. Sufficient to establish a state of flagrante delicto. - Assessment of the circumstances surrounding the crime and whether or not it was in flagrante delicto. A matter for the trial court independently. - A police officer may search the accused in a case of flagrante delicto. Article 43, Criminal Procedure and Trials. - The appellant's admission that he was not carrying a driving licence, in violation of the provisions of the Traffic Law. Provides justification for stopping him to take legal measures concerning him. The incidental appearance of the narcotic hashish while he was presenting his civil identification card to the officer. A state of flagrante delicto permitting his search.