Both alternatives suck. Once something is clearly established as "not a bomb" it should end. Unless she was threatening to blow herself up with a fake bomb, or telling people it was a bomb, there should be no issue.
If unsure check it, once its established as harmless, nothing more needs done.
I think it is a very bad precedent to be able to arrest and charge a person for possession of a harmless and fully legal item based solely on someone else thinking it "might" be something dangerous.
Yah. Let me introduce you to a little incident that happened in So. Cal some 15-20 years ago:
An up-and-coming actor held a Halloween costume party (adults, now) inside his home. The neighbors complained to the police about the lateness of the middle-of-the-week party, even though the party was contained to the inside of the house and all doors and windows were shut. They responded and, upon initially ascertaining that the party appeared to be within ordinance and reason, they decided to check the entire property starting with the exterior.
One officer went down the side of the property and looked through a window where he saw a man in a cowboy costume pull a gun out of his hip holster and point it at another person in costume who obligingly put his/her hands up. The officer drew his pistol and fired through the window twice, striking the cowboy (our up-and-coming actor) and killing him.
The gun was a toy gun. It was a costume party. They were playing.
This incident along with many robberies performed with toy guns inspired the law in California (I have no idea if it's still in effect) that any and all toy guns must not be black, dark in color or silver or grey and must be OBVIOUSLY fake; further that any toy guns or their bearers that appeared real would be treated as real and confiscated.
Now ... while I can see the value in the law, especially with the countless robberies and threats made with fake guns, this venue, in particular, *should* have been obvious. It was a party, there were costumes, all adults, there was no disturbance ... it was a reflex reaction by the officer and, like referees, cops make bad calls too.
But in the incident of our MIT student, this was no costume party, this was no rave, no club, no bonfire. This was an airport.
THE Airport.
If our actor wore his costume to the store and pulled the toy gun on the cashier and said, "Stick 'em up! *giggle* *giggle* JUST KIDDING!!" He shoud have his *** arrested and prosecuted ... for being an idiot?
YES.
Hence, I feel this ... student ... needs a new lesson.