Vehicle Search: A Comparative Research Analysis between the U.S. and Kuwaiti Criminal Procedure Law

Youssef Haji Al -Mutairi

https://doi.org/10.62271/pjc.16.4.1141.1152

Abstract

This paper discusses the legal framework for search and seizure procedures, focusing on the delicate balance between individual privacy and the state’s responsibility to enforce criminal justice. It explores how search and seizure, among the most intrusive actions police can take, are heavily regulated to protect people’s fundamental rights, such as the right to privacy, as enshrined in documents like Article (12) of the Universal Declaration of Human Rights along with Kuwait’s Constitution and the Fourth Amendment to the U.S. Constitution. The state’s need to detect and prosecute crimes must be balanced with individuals’ rights, ensuring that searches are conducted under lawful conditions. The paper specifically focuses on vehicle searches, a critical aspect of criminal procedure, analyzing the conditions under which police are permitted to search vehicles. It compares the legal requirements under U.S. law and Kuwaiti law, examining court rulings from each country, particularly the decisions of the U.S. Supreme Court and the Kuwaiti Supreme Court, to draw insightful views about the regulation of vehicle searches.

Keywords: Vehicle search, seizure, criminal procedure law, U.S. supreme court, privacy rights, search warrant, U.S. constitution, Kuwaiti constitution, Offences.