| dc.description.abstract | In recent years, with the rapid development of science and technology, investigative agencies in Taiwan have used technological tools to investigate crimes effectively. Among the many technological investigation methods, drones are becoming increasingly common, which also leads to the risk of infringement on people′s fundamental rights. Therefore, how to strike a balance between gathering evidence by drone and protecting people′s privacy rights has become a major issue that investigative agencies must face when using this technology.
First of all, the research discusses the technical aspects of drones, describing the definition, types, and investigative techniques of drones in the United States and Taiwan respectively, to understand their advantages as an investigative tool. Next will move on to analyze the U.S Supreme Court’s precedents regarding aerial surveillance, followed by the analysis of recent lower court decisions on drones and aerial surveillance, to understand the different views as technology advances. Additionally, the research constructs the standard from the context of Carpenter that drone investigation constitutes a search and further analyzes North Dakota, Utah, Illinois, and Vermont State laws regulating drone use in investigation, which serves as a reference for our legislation. Moreover, the constitutionality of using new scientific and technological investigation methods by our nation′s investigative agencies is discussed, and then the research reviews and analyzes the Proposed Science and Technology Investigation Act and proposes legislative suggestions about aerial surveillance. Finally, we summarize the research and propose the results. | en_US |