US Charges Man for Wiping Phone with 'Duress' Password at Border
Original: US accuses American of allegedly wiping his phone using a ‘duress’ password during border search
Why This Matters
The case sets a potential legal precedent for device-wipe prosecutions and border search digital rights in the U.S.
The U.S. Justice Department has indicted Atlanta resident Samuel Tunick for allegedly using a GrapheneOS 'duress' password to wipe his phone during a CBP border search at Hartsfield-Jackson airport on January 24, 2025. This is believed to be the first federal case of its kind in the United States.
The U.S. Department of Justice has charged Samuel Tunick, an Atlanta resident, with allegedly providing U.S. Customs and Border Protection (CBP) agents with a 'duress' passcode that wiped his phone during a border search — believed to be the first such federal prosecution in the country.
The case centers on a feature built into GrapheneOS, a custom Android OS designed for Google Pixel devices, which allows users to set a secondary passcode that triggers a full device wipe when entered. Tunick's attorneys confirmed his phone ran GrapheneOS.
According to court filings, Tunick was pulled into secondary inspection at Atlanta's Hartsfield-Jackson airport upon returning from overseas. His attorneys allege he was denied access to counsel and not informed of his rights. They argue CBP unlawfully seized his phone, claiming agents cited child exploitation imagery as justification without evidence, and that the actual investigation concerned Tunick's ties to 'Defend the Atlanta Forest,' an environmental movement opposing the 'Cop City' law enforcement training facility in Atlanta.
Border agents stated they did not need a warrant because Tunick had not yet been formally admitted to the U.S. — a position the federal government has maintained for years. Tunick's legal team filed a motion to suppress all evidence gathered, arguing the detention and seizure were unlawful. The case raises significant constitutional questions about Fourth Amendment rights at the U.S. border.