Kuwait Court of Cassation principle number 101

Summary: - A police officer at a checkpoint, upon stopping the appellant, who is wanted for arrest, may search him as a precaution before he enters the police patrol vehicle. Finding psychotropic substances in the pocket of his dishdasha. A valid search. The appellant’s argument in this respect is unfounded. An example. Rule: Whereas the provisions of Articles 11, 51/1 and 52 of the Criminal Procedure and Trials Law indicate that the police officer—the officer involved in the incident—working at the checkpoint is entitled to order the appellant to stop his car when passing through it, produce his identification and inspect it. When he discovered that the appellant was not carrying it and, upon making inquiries about him, discovered that he was wanted by the Enforcement Department because of civil cases and had financial claims against him, he was entitled to escort him and deliver him to the police station. Accordingly, searching the appellant as a precaution before he entered the police patrol vehicle and finding the seized psychotropic substance in the upper pocket of his dishdasha constitutes a valid search following a lawful arrest required by law. The appellant’s arguments in this respect are therefore unfounded.