- 期刊
我國第一線警察人員查獲第三、四級毒品執法困境之探究
The law enforcement dilemma of third- and fourth-level drugs seized by front-line police officers in Taiwan
摘要
目前員警查獲毒品危害防制條中第三、四級毒品處理程序中，因涉檢測毒品試劑初篩無法立即辨別是否超過毒品危害防制條第11條第5及6項毒品種類及純質淨重5公克要件，導致員警無從依法判斷可否以現行犯上銬隨查獲毒品案移送，甚至使員警陷入侵害嫌犯之人身自由之疑慮。前開問題若無法解決，可能導致警方努力查緝，卻是無效執法。本文係採訪談法，立意取樣有意願參與訪談及有多次查獲經驗之基層員警，針對5位第一線員警進行訪談。經歸納受訪者資料分析後，重要研究發現有三項：無統一標準的困境，如判讀、移送程序；檢驗試劑困境：如採購、廠商少、數量不夠、偽陽性高、無法檢出參雜類；為了績效導致選擇檢驗標的偏誤。根據分析結果，本文建議毒品檢測試劑應由中央有關單位儘速研發如新冠肺炎期間之標準試劑以供第一線員警判斷使用，可減少誤判毒品等級，維護嫌犯人權，且減少徒耗執法及司法裁罰、移送、偵查等資源。
並列摘要
The police seized the third and fourth level drugs in the drug hazard prevention regulations, however, due to the preliminary screening of drug detection reagents, it is impossible to immediately identify whether the drug type and purity exceeds items 5 and 6 of Article 11 of the drug hazard prevention regulations. The requirement of a net weight of 5 grams makes it impossible for the police to judge according to the law whether they can handcuff an existing criminal and transfer the seized drug case, and even makes the police suspicious of infringing on the suspect's personal freedom. If the problem cannot be solved, it may lead to the front-line police's efforts to investigate but ineffective law enforcement.This study is based on interviews with 5 police officers based purposive sampling. After analyzing the interviewee data, three important findings were found: 1. The dilemma of no national unified standards, such as interpretation and transfer procedures; 2. The dilemma of testing reagents: such as procurement, few manufacturers, insufficient quantity, high false positives, and inability to detect Out of the mixed category, thirdly and finally, the above issue might lead to bias in selecting inspection targets for the sake of work performance. This article, therefore, recommends that government has to develop drug detection reagents as quickly as possible, such as standard reagents during the COVID-19 period, for use by frontline police officers. By doing so, it will reduce greatly misjudgment of drug levels, safeguard the human rights of suspects, and reduce wasted law enforcement. and judicial adjudication, transfer, investigation and other resources.