California, United States of America
The following excerpt is from People v. Castrejon, F073584 (Cal. App. 2018):
Second, "[a]lthough the prosecution may not withhold favorable and material evidence from the defense, neither does it have the duty to conduct the defendant's investigation for him. [Citation.] If the material evidence is in a defendant's possession or is available to a defendant through the exercise of due diligence, then, at least as far as evidence is concerned, the defendant has all that is necessary to ensure a fair trial, even if the prosecution is not the source of the evidence. [Citations.]" (People v. Salazar, supra, 35 Cal.4th at pp. 1048-1049.) As such, evidence is not "suppressed" unless the defendant was unaware of it and could not have discovered it through reasonable diligence. (Id. at p. 1049.)
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