Attorney Scott Rubenstein

02/21/2026

Ohio legalized ma*****na — so can police still search your car just because they say they smell it?

A new Franklin County decision says yes, relying on federal law to keep the “plain smell” doctrine alive. This issue is headed for appeal, and it could have major implications for your Fourth Amendment rights. I break it down in my latest blog post.

If It’s Legal in Ohio, Why Can Police Still Search Your Car? The Ma*****na Smell Ruling That Should Concern Everyone When Ohio voters approved recreational ma*****na, many assumed that the long-standing “plain smell” doctrine — allowing police to search a vehicle based solely on the odor of ...

08/27/2021

BE ADVISED: there is an OVI checkpoint in Butler County tonight. Don’t drink and drive. If, however every, you find yourself in difficulty, please give me a call: (513) 260-2099.

The Ohio State Highway Patrol announced an OVI checkpoint will be held at 7 p.m. today on Butler-Warren Road north of Tylersville Road in West Chester Twp.

07/22/2021

Is bail reform a good thing? Or, Does it put our community at risk. Here is what our prosecutor thinks:

The bail reform bills proposed by our legislators are dangerous and will make our communities less safe and embolden criminals.

07/13/2021

https://www.wlwt.com/article/hamilton-county-prosecutor-says-stop-and-frisk-is-a-solution-to-crack-down-on-gun-violence/36974371

Community activists and elected officials butt heads on topic of 'stop and frisk.'

07/11/2021

Gun violence in Cincinnati is at the top of many residents' minds, with 207 shootings and 48 homicides so far in 2021. What is the answer?

In the wake of a violent summer in Cincinnati that has seen several instances of teens or young children being shot and killed, Hamilton County Prosecutor Joe Deters said he’s focused on getting guns off the streets–even if it means temporarily detaining someone using the controversial “stop-a...

04/09/2021

There has been, no doubt, a recent shift in Hamilton County's politics. Will that trend eventually reach the prosecutor's office, and if so, to what end? What are your thoughts?

An uptick in murders across the country is testing their resolve — and their electability.

03/06/2021

Being a police officer is one of the most difficult and thankless jobs. I like the idea behind protecting the people that protect us. Police officers should not be subjected to insults and vitriol. But, is this constitutional? The First Amendment guarantees our right to free speech.

Courts have widely upheld the First Amendment right to hurl choice words or gestures at police.

02/28/2021

Berkley to stop allowing police officers to make traffic stops?!? Wow, this doesn't seem like a good idea to me. What do my law enforcement friends say?

Lawmakers in Berkeley have passed sweeping police reforms, from limiting traffic stops to stricter vetting to keep biased officers off the streets.

02/05/2021

I recently authored a blog post about "No-Knock" warrants--what they are, and how they work. https://www.attorneyscottrubenstein.com/2021/01/no-knock-warrants-whats-the-deal/. In the post, I mentioned City Councilman Chris Seelbach's efforts to create a prophylactic rule banning the use of "no-knock" warrants in Cincinnati. As it turns out Cincinnati City Counsel can't ban them. Here's why: https://www.cincinnati.com/story/news/2021/01/31/unlike-other-cities-cincinnati-city-council-cant-ban-no-knock-warrants/4257608001/

Cincinnati's council does not have the power to ban "no-knock" warrants or dictate any police practices.

01/09/2021

If the Cops get your iPhone or mobile device, can they force you to give them access?!?

Criminal defense lawyers, and the ACLU, say passcodes are protected by the Fifth Amendment; prosecutors disagree. Two civil-liberties groups are asking the U.S. Supreme Court to rule on an increasingly relevant digital-privacy question: Do Americans have a constitutional right to keep their password...

01/05/2021

The Fourth Amendment to the United States Constitution and Article I, Section 14 of the Ohio Constitution protect citizens from unreasonable searches and seizures. Searches and seizures conducted outside of the judicial process, without a warrant based on probable cause, are per se unreasonable, sub...