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PEOPLE v. HERNANDEZ

No. S150038.

45 Cal.4th 295 (2008)

THE PEOPLE, Plaintiff and Respondent, v. GEORGE LEE HERNANDEZ, Defendant and Appellant.

Supreme Court of California.

December 11, 2008.

Attorney(s) appearing for the Case

Robert Derham, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Stan A. Cross and Michael P. Farrell, Assistant Attorneys General, Janet Neeley, Julie A. Hokans and Peter W. Thompson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CORRIGAN, J.

An officer who sees a vehicle displaying a temporary operating permit in lieu of license plates may not stop the vehicle simply because he or she believes that such permits are often forged or otherwise invalid. To support a stop the officer must have a reasonable suspicion that the particular permit is invalid. Otherwise, any car with such a permit could be stopped without particularized cause.

I. FACTUAL AND PROCEDURAL...

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