Is Section 1054.1 of the California Criminal Code requiring the disclosure of information that is not in the possession or control of the investigating agencies?

Section 1054.1 is notably caveated: The information named must be disclosed only "if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies." ( 1054.1.) Case law has interpreted this requirement to encompass not only information actually possessed but that " within the possession or control of the prosecution" or put another way, " reasonably accessible to it." ( Littlefield , supra , 5 Cal.4th at p. 135, 19 Cal.Rptr.2d 248, 851 P.2d 42 ; accord, People v. Little (1997) 59 Cal.App.4th 426, 431, 68 Cal.Rptr.2d 907.) In other words, the statutory phrase "in the possession" is not

[239 Cal.Rptr.3d 79]