When a police officer stops a driver for a traffic light violation, what is the difference between the officer and the driver?

The cases upon which the People rely are distinguishable. In People v. Nonnette, the officer was investigating a specific car "containing four males who were ducking up and down" that a caller had reported as being suspicious. (Id., supra, 221 Cal.App.3d at p. 662.) It was parked on the street in an area of high drug activity in Sacramento despite being registered in Los Angeles, an area from which the officer "knew drugs came," and the driver stated he was staying at an address 30 minutes away. (Id. at pp. 662-663.) The officer observed "a bundle of tiny baggies" which he suspected of being used in drug sales. (Id. at p. 663.) Here, in contrast, Rodriguez was sitting at a picnic table in a park, a location where people commonly linger for lawful purposes, drinking a cold beverage on a summer day. There was no evidence that he was far from home. He was not acting suspiciously other than his maladroit attempt to hide his beer consumption from the officer.

In People v. Lilienthal (1978) 22 Cal.3d 891, the officer stopped a driver for a traffic violation at 3:15 a.m. When the driver stepped out of the car and fumbled for his license, he dropped a folded piece of paper on the ground and immediately placed his

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