‘Police cannot search vehicle unless hard evidence found’

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KUWAIT CITY, Sept 8: The Court of Appeals has issued a verdict which affirmed that it is permissible for securitymen to search a vehicle only if they see “a bottle of liquor for example” in the possession of the driver. This ruling reiterates the regulations to be followed by securitymen when searching vehicles and for preventing breach of privacy. The court justified it as the “lack of being in the act” (flagrante delicto) and that presence of alcoholic drinks inside a vehicle is not considered as a legal crime.

Based on this, the court overturned a verdict of three and half years of jail term with hard labor and a fine of KD 2000 issued by a lower court against an individual and instead acquitted him of all charges leveled against him.

The court explained that, “Article 5 of the traffic law prohibits policemen from searching the suspect or his car. Since the suspect was spotted by the police and considering the way he sped off at the traffic light when the police approached, they have the right to stop him and arrest him as per Article 7 of the law. However, they have no right to search him or his vehicle”.

The court said, “When the police sees a cigarette packet next to the driver, taking that packet of cigarette and opening it to find a piece of hand rolled cigarette is illegal”, adding, “In order for the arrest to be proper, it should be related to the exact crime.

The arresting officers should not look for things that are related to another crime”. Representing the accused was Lawyer Jarrah Al-Sharika, who stressed that the justification for the police to stop his client as well as the procedures they followed including for searching him and his vehicle were invalid, due to which the testimony of the arresting officer becomes void as well.

By Jaber Al-Hamoud Al-Seyassah Staff

This news has been read 5130 times!

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