‘Valid arrest does not justify search’

28/01/2026

KUWAIT CITY, Jan 27: The Court of Appeals upheld the Criminal Court’s ruling which was issued based on the principle that a valid arrest does not automatically authorize a search. The appellate court upheld the lower court’s acquittal of the defendants in a drug case, after it was established that the procedures for stopping, arresting, and searching were invalid and had no legal connection to the items seized. Lawyer Abdullah Al-Alanda highlighted that the arrest procedures violated the provisions of the Criminal Procedures and Trials Law and exceeded the constitutional guarantees designed to protect personal freedom. The court emphasized that a legally valid arrest does not automatically justify a search.

There must be specific grounds for a search based on the circumstances of the case. The absence of any items constituting a crime negates the justification for the search and renders it illegitimate. Regarding the second defendant, the court clarified that the stopping procedures were not directed at him, and he did not exhibit any unusual behavior that would justify taking action against him. The court noted that the alleged attempt to conceal a box did not constitute a flagrant offense and therefore did not justify a search, especially since it was proven that the box was handed over under duress. It is worth noting that Lawyer Abdullah Al-Alanda had argued during the proceedings that the stop, arrest, and search procedures were invalid due to the absence of a flagrant offense and the lack of a warrant from the Public Prosecution.

By Jaber Al-Hamoud Al-Seyassah/Arab Times Staff