Originally Posted by
RedSnapper
Serious question:
Which law is this traveler accused of violating? I think we have to nail that down before we debate whether or not the officers had probable cause / reasonable cause / whatever cause to make an arrest.
If he is accused of "making a dry run", does anyone have a link to the text of the "dry run" law?
"McGann was taken to Santa Rita Jail where he was charged with possessing materials to make an explosive device." And that is a felony according to what I read.
The closest I have found that may be the charge is
18720 of the California Penal Code:
18720. Every person who possesses any substance, material, or any combination of substances or materials, with the intent to make any destructive device or any explosive without first obtaining a valid permit to make that destructive device or explosive, is guilty of a felony, and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
Note that this requires intent to make a destructive device, which we have yet to see proof of. I also don't see that the device equates to the "destructive device" definition, which would have made possession thereof criminal.