Kuwait Court of Cassation principle number 105

Summary: - The inviolability of a vehicle and dwelling derives from the inviolability of their owner or possessor. If the person’s liberty is lawfully infringed by arresting him, the inviolability of his vehicle and dwelling is lifted. - The police officer’s lawful right to arrest and search the appellant on the basis of an authorization issued by the Public Prosecution. The results of the search may validly support a conviction. Their sufficiency in answering the plea that the search was invalid. Rule: It is established that the inviolability of a vehicle and dwelling derives from the inviolability of their owner or possessor. If the person’s liberty is lawfully infringed by the establishment of a right to arrest him, the inviolability of his vehicle and dwelling is lifted. Since the challenged judgment—as the appellant does not dispute—established that the witness, the officer involved in the incident, had the lawful right to arrest and search the appellant following the issuance of an order by the Public Prosecution, his lawful right to search the appellant’s dwelling and the vehicle he was driving was thereby established. This makes the results of their search evidence that may validly support a conviction. Since the challenged judgment reached this correct conclusion, what the appellant raises in this respect—the aforementioned plea—in his grounds of appeal—as explained above—is manifestly invalid. The challenged judgment is not vitiated by failing to address it with specific reasons, and the complaint against the judgment in this respect is incorrect.