Setting Precedent – Expat Junkie evades Deportation in Kuwait

The law is fickle; to the educated mind, it is a minefield of mostly grey landscape, with few things ever being clearly black or white.

Take for example the following scenario:

A person, upon seeing a patrol car, attempts to hide from it, arousing the suspicion of the officers inside. They stop the person and find he has no ID, so they arrest him. Person drops clear plastic bag before getting into police car, which the officers note and upon inspection find that it is drugs. The person, now a suspect, confessed he was planning to consume the drugs.

Clear cut case right? Wrong.

According to the suspects lawyer, the arrest is to be nullified as the person was not a suspect to begin with, therefore making the whole process that followed null & void – i.e. illegal.

In an Arabic nutshell – ما بني على باطل فهو باطل, meaning whatever is built on a wrong foundation is incorrect.

Now, there are several ways we can take this news:

1) Feel terrible that a drug abuser is loose on the streets once more, and that since no conclusion can be established regarding whether or not he was actually going to consume the drugs or sell them, he could potentially be a drug dealer.

2) Feel happy that this sets precedent to police that they cannot randomly stop you and check you without a warrant.

Going back to the second point, now I am no lawyer so please do not take my words literally, however it would seem that in order for a “checkpoint” to be placed, certain procedures have to be followed and approvals sought. Police do not have the right to inspect you IF YOU ARE NOT DOING ANYTHING WRONG – for example, I reported a story called the Mishref Marauder a few years ago; whilst waiting in the parking lot where a known felon was breaking into vehicles, I was beckoned forward by an unmarked car, which happened to be housing two undercover cops. When I refused to approach, they approached me, and checked my ID, he then asked to search my vehicle, which I did not refuse as I had nothing to hide. In retrospect however, I had the right to refuse them to search my car as they did not produce a warrant to do such. It should be mentioned that my reaction and the reaction of the Kuwaiti’s in the running group later when they arrived and were similarly asked questions by the police were COMPLETELY different.

(link)

It is unfortunate that we learn a valuable law lesson through this occurrence; I would probably assume his lawyer also filed that his “confession’ was obtained under duress and hence is also null and void.

justice is blind, kuwait, law, expat, deport, drugs, tramadol, police

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