| 英文摘要 |
In order to make the law enforcement complies with the procedureset by the Communication Security and Surveillance Act (CSSA), thelegislators enacted a provision with respect to the exclusionary rule ofevidence in that act. Only if the police force is in violation of art. 5 or 6,the exclusionary rule in the CSSA applies, which is different from thesimilar provision in the Criminal Procedure Code. Therefore, theexclusionary rule in the CSSA has two issues: over-coverage and undercoverage.Not all violation of those requirements in art. 5 and 6 shouldbe applied by the exclusionary rule. In addition, the aforementioned ruleshould apply to violation of certain provisions other than art. 5 and 6.After referring to the legal framework of the United States, it isrecommended that the exclusionary rule of the CSSA should be revised.The said rule should apply when the interception is unlawful. Moreover,according to the two-level test established by Giordano and Chavez,courts should look into whether the violated provision plays a central role in the communication surveillance law, and then determine whetherthe police substantially disobey the provision at issue. If so, theviolation constitutes unlawful interception and the exclusionary ruleapplies. |
