Kuwait Court of Cassation principle number 1245

A protective search. A right of the police officer arresting a person to strip him of - 337 - Criminal weapons and anything he might use to resist or injure himself or others. The basis thereof: Article 51 of the Criminal Procedure and Trials Law. - The police officer's lawful arrest of the two accused and his protective search of them without finding anything on them. He must limit himself to this extent of the search. His proceeding to search the first accused's private car without justification arising from the circumstances of the incident or obtaining a warrant from the investigator, his finding cigarettes filled with fragments of narcotic substances and a psychotropic tablet, and his 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 the arrest is valid, the search is valid. The limit thereof: the search must be justified and necessitated by the circumstances of the incident. - What is founded on an invalid act is invalid. Its implication: the invalidity extends to the evidence derived from this procedure. The challenged judgment's departure from this view. Defective inference requiring its cassation. An example. - Jurisdiction of narcotics control officers:-