Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

I am experimenting with energetic chemistry, trying to ...

I am experimenting with energetic...
I am experimenting with energetic chemistry, trying to develop
an alternate fuel to gasoline/diesel. Yesterday (8/02/08) I tried a device using alternate fuel; it was supposed to produce a jet of flame, but unfortunately exploded with a very loud noise. As a safety measure it was buried in the ground on my property, but even so some pieces of concrete and parts of the device flew long distances.

My neighbors were very frightened, and justifiably concerned.
One of them called the police; they (and fire department people) came, questioned me, and took photos. I answered all their questions and cooperated fully. They left about 20 hours ago (today is Sunday), and so far I''ve heard no more about
the matter.

The incident occurred at my house in Los Altos, CA 94022.

Are there any legal actions I should take now ?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 3 minutes by:
8/3/2008
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 35,283
Experience: 16 yrs. of experience including criminal law.
Verified
Can you tell me if anyone was injured?
Ask Your Own Criminal Law Question
Customer reply replied 9 years ago
Reply to Philip Simmons's Post: There were no injuries.
Good to hear that

Had there been an injury they could have likely prosecuted you for negligent or reckless conduct. With no injuries I suspect criminal prosecution less likely.

There are at least two statutes you need to worry about.

1. Federal:
18 USC 1102 (this is a criminal code)

§ 842. Unlawful acts

(a) It shall be unlawful for any person-

(1) to engage in the business of importing, manufacturing, or dealing in explosive materials without a license issued under this chapter;

So, under federal law its unlawful to make an explosive. Now, I know you are trying to make a fuel and it just happened to explode...so I suspect there will not be a prosecution...but it looks like under this section they could prosecute

The definitions section of this law helps a bit:

"except for the purposes of subsections (d), (e), (f), (g), (h), (i), and 0) of section 844 of this title, "explosives" means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters."

You also need to be wary of State law:

Under cal health and safety code:

12351. Any explosives which are illegally manufactured, sold, given
away, delivered, stored, used, possessed, or transported shall be
subject to immediate seizure by any chief, issuing authority, or
peace officer authorized to act under Section 12020. When a permit
issued pursuant to this part has expired and is not immediately
renewed, any explosives in the possession of the permittee shall be
subject to immediate seizure by any chief, issuing authority, or
peace officer authorized to act under Section 12020, unless first
destroyed by the permittee in accordance with Section 12087.


SO, if your making something that explodes, the state could frown on that

I did not find a california criminal statute that applies...the best I could find was

§ 415. Disturbing the peace



Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine:

(1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight.

(2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.


I do not think this will apply

SO what now?

I woud refrain from future explosions if you can and would also recommend seeking counsel from a local attorney familiar with Cal law on explosives so you can get any required permits for further tests

best of luck

Please let me know if you have questions else please hit the green button, its the only way i get paid



P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 35,283
Experience: 16 yrs. of experience including criminal law.
Verified
P. Simmons and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 years ago
Here's the Police Report:


Case Number(NNN) NNN-NNNN
Offense - Possession of Destructive Device
UCR CODE: 26
REPORTING OFFICER: R. Langone L9280
{My comments in curly brackets, {} }

ADDITIONAL CHARGES:
6.080.020 LAMC - Projectile Missile

SYNOPSIS:
This report reflects the possession of a destructive device that occurred on 08/02/08
at approximately 2008 hours atXXXXX(sic) in Los Altos. The suspect
ignited an explosive device in his backyard which was buried approximately two feet
under the ground and enclosed in cement. The explosive device shot into the air upon
detonation and the remains of the device scattered throughout the neighborhood.

{The device did not 'shoot into the air." Parts of it did; most of it was
contained by the surrounding ground.}

NARRATIVE:
on 08/02/08 at approximately 2008 hours, I was dispatched to the area of Egan School on
the report of an explosion. Upon arrival, Sgt McCrossin and I contacted numerous residents
in the area in order to pin point where the explosion took place. While searching the
area I was approached by the suspect who said that he caused the explosion. The following
is a summary of his statement.

STATEMENT OF DAVID CAIN CAULKINS - 5/22/28
He stated today he was in his backyard conducting a chemical experiment. He stated
that he has been researching how to burn aluminum so it can fuel vehicles and
replace gasoline. He stated that he took a 2" pipe and loaded it with 150 g of Potassium
Nitrate, 20 g sulfur, 30 charcoal and 5g of titanium. He said he put cement around
the device and buried it approximately two feet under the ground. He said he lit the fuse
and the device made a large "boom" and shot into the air {No; I never said
it 'shot into the air'}. He said that the experiment was a failure because the device
was supposed to shoot out a flame and not explode. He said this was the third
experiment he has done however the previous two experiments were done using
less potent chemicals. He said that during the first two experiments, the device
shot a flame out of the ground. He said he would measure the length of the flame
and post his results on a pyrotechnic website. The suspect stated that his device
resembled a pipe bomb. He stated that he is not certified to make explosive
devices {nor did I intend to !} and has a background in electrical engineering.

{There are errors of fact, but basically it's an accurate account.}

NARRATIVE CONTINUED:
I contacted residents at 1030 andXXXXX The following is a summary
of their statements.

STATEMENT OF 01-GRECO:
She said that at approximately 2000 hours she and her family heard an explosion and
saw a cement chunk fall into their backyard.

STATEMENT OF 02-RISHI:
She stated that at approximately 2000 hours she along with her family and friends were
sitting in the backyard eating dinner when the explosion occurred. She said that a
piece of cement fell from the sky and landed in her backyard approximately five
feet from where they were eating dinner.

ADDITIONAL INFORMATION:
The explosion broke a chair {it was less than 2' from the explosion} in the suspect's
backyard and created a hole in the ground. The backyard contained debris from
the pipe {in the hole} and cement chunks. {The LAPD dug up the hole and found
pieces of the pipe.}

Santa Clara County Fire Dept (E15) responded to make sure the scene was safe.
Captain Yanomi of SCCFD was advised of the chemicals in the suspect's garage and
advised that they would he would {sic} contact Santa Clara County Hazmat to investigate
the improper storage of dangerous chemicals.

EVIDENCE/PROPERTY:
Sgt McCrossin took photographs of the scene and of the chemicals and pipes in the
garage. Sgt McCrossin collected the cap to the device which was located at Los Altos Ave
and Loucks Ave (approximately 200 yards from the scene). I collected the cement
chunks that landed at the property of 1030 andXXXXX I collected the
remains of the 2" pipe that caused the explosion. I collected fuses and the pipes
the suspect used in his previous experiments. All the evidence was booked
into LAPD evidence.

INJURIES:
No injuries were reported.

PLEO:
Sgt. McCrossin
Officer Bautista

RECOMMENDATIONS:
Forward to the District Attorney's Office for review and possible prosecution
for 12303 PC - Possession of an Explosive Device and 6.080.020 LAMC -
Projectile Missile.







Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 35,283
35,283 Satisfied Customers
Experience: 16 yrs. of experience including criminal law.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

35,283 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
A false police report was called in saying someone has a gun
Hi, a false police report was called in saying someone has a gun and is trying to kill themselves, the SWAT team shows up. The pweson finally comes out of the house and a search warrant is issued to s… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
What does criminal intent or criminal contempt mean? My son
what does criminal intent or criminal contempt mean? My son is being held on this, but they won't tell him what the crime was.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My ex girlfriend filed a police report stating that I hit
My ex girlfriend filed a police report stating that I hit her what is going to happen next? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
My ex wife falsified a police report and had me arrested for
my ex wife falsified a police report and had me arrested for one night on trespassing and stalking. No TPO ever put in place, no amendments to joint custody. I have court in 3-4 months are there any m… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
I made a police report and talked to an officer because my
Hi, I made a police report and talked to an officer because my roommate seriously threatened to kill me. I don't know what happens next and they didn't give me a report number. What do I do? I'm in ut… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I need help reviewing a police report involving my brothers
I need help reviewing a police report involving my brothers (declared) suicide 16 months ago. The report is awful and lacks severe and crucial information. I live in Washington State and the incident … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
A person files a police report online and getting harassed
A person files a police report online and getting harassed by an officer about why the report was not files in person or by calling 911 to bring an officer to the scene. My question is since the inter… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
889 satisfied customers
I have a police report filed against me and the description
I have a police report filed against me and the description is identity theft or attempted, identity theft 1st offense - fraud - imperson 2 2 counts … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
I have a police report filed against me and I just spoke
I have a police report filed against me and I just spoke with the officer on the phone She wants to meet with me tonight to take photos of my injuries … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My 16 year old grand daughter signed a police report stating
My 16 year old grand daughter signed a police report stating that her Uncle tried to assault her. They charged him with attempted agrvated sexual assult and she does not want to take the stand against… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Well basically I would like to know of a filed police report
Hi! Well basically I would like to know of a filed police report is the same thing as pending charges? I am currently in the process of applying to Law school and am worried about one small thing. Abo… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I need help in a false police report case. and august 4th
yes but it was false there is not any evidence that the report took place … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Are police reports (related to cases that are no longer
Are police reports (related to cases that are no longer under investigation) allowed to be used as evidence to be filed in a civil court pleading?… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
204 satisfied customers
How does it take to get a police report? portage county ohio
no and the arraignment is today for my 17 year old son who was charged with trespassing … read more
Ray
Ray
Lawyer
Doctoral Degree
30,259 satisfied customers
I was charged with simple battery but in the police report
I was charged with simple battery but in the police report it stated that the assaulted did not want to press charges and did not show to have them filed but the charges were not dropped in the system… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I need to file a police report. While traveling I had an
I need to file a police report. While traveling I had an issue with my former spouse (divorced for 11 years now) and she told me while on speaker phone that if she had a gun she would kill me and that… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
How can I prove someone filed a false police report and made
How can I prove someone filed a false police report and made false accusations that resulted in a TRO … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If Police report contains knowingly false information,
If Police report contains knowingly false information, pertaining to an alleged investigation and that same police department refuses to communicate with me after I filed an official complaint against… read more
P. Simmons
P. Simmons
Lawyer
35,283 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x