Federal authorities have initiated a prosecution against U.S. citizen Sam Tunick, alleging he intentionally destroyed digital evidence during a border encounter. The incident occurred on January 24, 2025, at Hartsfield-Jackson Atlanta International Airport, where agents attempted to seize Tunick’s mobile device.
Prosecutors claim Tunick provided a “duress password”—a feature associated with the GrapheneOS operating system—which triggered a factory reset of the device instead of unlocking it. The government is utilizing a rarely invoked statute that criminalizes the destruction or damage of property to prevent its seizure by law enforcement.
While federal agents reportedly questioned Tunick regarding child exploitation imagery, his legal counsel contends that the detention was a “pretext for a fishing expedition” aimed at investigating his involvement with the Stop Cop City movement. Defense attorneys have moved to suppress evidence, arguing that the seizure was unlawful because agents allegedly denied Tunick access to legal counsel, failed to provide a warrant, and did not inform him of his rights.
The government maintains that a warrant was unnecessary, citing the legal principle that individuals have not yet been granted formal entry into the United States when stopped at the border. Marlon Kautz of the Atlanta Solidarity Fund defended the use of privacy tools, stating, “we all have a right to secure our private data against unconstitutional searches.”
Source: The Verge
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