The Fresno police cadet arrested on suspicion of possession of a machine gun and an unregistered weapon remains in jail after a federal judge said Tuesday that he could pose a danger to others, according to his attorney and court records.

Prosecutors argued that Joshua Eric Brown, 27, could be a danger based on the now-former cadet’s social media posts, said Kevin Rooney, attorney for Brown.

Magistrate Judge Barbara McAuliffe ordered Brown detained in Fresno County Jail until his preliminary examination date set for Wednesday, Sept. 18.

Rooney, however, argued that the social media posts were taken out of context. McAuliffe ruled that prosecutors do not have to hand over the evidence until after the arraignment. Rooney called the decision a due process violation. Brown may get another chance to be released on bond after Rooney reviews the evidence and argues his case.

“They’re saying there’s social media things that may show a propensity for danger — to harming other people. I understand it’s all just joking,” Rooney said. “And frankly, just bull—-ting, and I want to see it, so I can put it in context. I don’t want to rely on the government’s characterization.”

Rooney expects the indictment to be delivered Thursday after which an arraignment can be held.

FBI Agents Found Two Automatic Weapons at Brown’s Apartment

Federal agents arrested Brown on Sept. 3 on suspicion of illegal possession of a machinegun and an unregistered National Firearms Act weapon. The FBI seized a fully automatic MP5 submachine and a fully automatic AR-15-style rifle from Brown’s apartment, according to court documents.

The two counts each carry a maximum penalty of 10 years and a $250,000 fine. FBI agents obtained a search warrant for Brown’s Instagram and Google accounts where they found photos and message threads saying he had manufactured the MP5 and that he also had an unregistered suppressor.

Federal agents said in an affidavit that Brown waived his Miranda rights, admitting to possession of the weapons and the suppressor.

The Fresno Police Department hired Brown as a cadet in September 2023. A department spokesperson said that agency fired Brown following his arrest.