Matthew O'Hare was pulled over because an air freshener was observed hanging from his rearview mirror, and was arrested after a background check revealed his license was suspended. And as luck would have it, two unlicensed guns were found when his vehicle was searched.
After the Suffolk County Court convicted him of two counts of criminal possession of a weapon, O'Hare challenged the legality of the officers' conduct.
While cops are allowed to stop a car when a traffic violation has occurred, the Appellate Division, Second Department, didn't think there was a reasonable basis to go after O'Hare--particularly in light of a forensic safety engineer's testimony that the air freshener wasn't blocking the driver's view of the road and no violation of any traffic law had been committed.
He won that one by a hair.
To view a copy of the Appellate Division's decision, please use this link: People v. O'Hare