What process does the CCP require to suppress evidence obtained in violation of the Fourth Amendment?

Prepare for the SAPD Code of Criminal Procedure Exam. Use flashcards and multiple choice questions with detailed hints and explanations. Ace your test!

The correct process required by the CCP to suppress evidence obtained in violation of the Fourth Amendment is the filing of a motion to suppress. This motion is a legal request made by a defendant during criminal proceedings to exclude certain evidence from being presented at trial. The basis for this action is that the evidence in question was obtained through violations of constitutional rights, particularly the right against unreasonable searches and seizures as outlined in the Fourth Amendment.

Filing a motion to suppress is essential because it prompts the court to evaluate whether the evidence was obtained lawfully. If the court finds that the police or authorities acted improperly in gathering that evidence, it may rule to exclude it, which can significantly impact the outcome of the trial. This procedural safeguard ensures that defendants receive a fair trial and that law enforcement adheres to constitutional protections.

The other options do not directly address the required judicial process for challenging the admissibility of evidence on Fourth Amendment grounds, which is specifically handled through a motion to suppress. Therefore, this process is critical for upholding individuals' rights and ensuring that only lawfully obtained evidence is used in court.

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