Dr. Yousef Hajji Al Mutairi
Associate Professor of Criminal
College of Business Studies, PAAET
State of Kuwait
Ms. Manal Mutlaq Al Mutairi
Legal Researcher, Master of Laws
College of Law, University of Kuwait

Abstract:

This study deals with one of the most important topics of criminal procedures, which is vehicle search in American and Kuwaiti laws, where both the Kuwaiti Code of Procedure and Criminal Trials and the American Criminal Law agree that the legally prohibited inspection that may not be conducted by a policeman is the inspection which results in assault on personal freedom, and violation of the right of individuals to privacy, and to live their private lives independently of any interference by any of the state authorities. Thus, the privacy of individuals may not be violated by conducting any inspection except in accordance with the rules and provisions stipulated in the Code of Criminal Procedure.
The Kuwaiti Code of Criminal Procedures and Trials also agrees with the American Criminal Law that the vehicle is not considered a dwelling place, so the provisions and procedures regulating vehicle search differ from those regulating the inspection of dwellings. Rather, it derives its sanctity from its connection with its owner or driver. This is in contrast to the US criminal law, whether at the state level or even at the federal level, which sets rules and provisions for vehicle searches that differ from those which regulate the search of persons and residences, as the US Supreme Court developed, during a century, four theories for vehicle searches, and these theories now regulate vehicle inspection provisions and procedures in all US states.
This study deals with vehicle inspection through a comparative analysis between the criminal law of the United States of America and the Kuwaiti Code of Criminal Procedure, and the differences and similarities between the legal systems in force, in order to reach the advantages and disadvantages between these two systems.

Keywords: prohibited search, policeman, personal freedom, right to privacy, home inspection.

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