Access the order here.
The U.S. Department of Justice is prosecuting Samuel Tunick of Atlanta for allegedly providing border officers with a passcode that erased his phone’s data during a search. Prosecutors claim this act constituted the unlawful destruction of evidence. Legal and security experts say this is the first known U.S. case involving the alleged use of a “duress” password, a feature that wipes a device when unlocked with a decoy code instead of the actual one.
Tunick has pleaded not guilty and is seeking to have the case dismissed, arguing that the initial search and seizure were unlawful.
What allegedly happened? Court records state that on January 24, 2025, Tunick was returning to the U.S. through Atlanta’s Hartsfield-Jackson airport when Customs and Border Protection agents selected him for secondary inspection. His attorneys allege he was denied access to legal counsel and was not informed of his rights during the stop.
Agents informed him they did not need a warrant to search his phone because he had not yet formally crossed the border. The government has consistently maintained this position to assert broad authority over device searches before travelers are admitted.
When Tunick entered a passcode at the agents’ request, court filings state “the screen went blank, flashed several times, and the phone appeared to restart.” Officers seized the device anyway and, according to the filings, released Tunick and allowed him into the country shortly afterward.
The technology behind the case: Tunick’s phone used GrapheneOS, a privacy-focused Android alternative designed for Google Pixel devices. Tunick’s attorneys confirmed GrapheneOS was installed, but the defense has not acknowledged that he intentionally initiated a device wipe.
GrapheneOS is a privacy-focused version of Android preferred by privacy advocates, journalists, and activists. It removes Google’s tracking and data collection components and introduces advanced security features not available on standard Android or iOS. One such feature is the duress PIN or password, which allows users to set a secondary, decoy credential in addition to their primary unlock code.
GrapheneOS’s documentation and independent security guides state that this feature is intended for individuals at risk of being physically forced to unlock their devices. Common examples include journalists protecting sources, activists, and travelers facing border device searches. The guidance also warns that using this feature may involve legal risks, as some jurisdictions could interpret a triggered wipe as evidence destruction rather than the use of a preconfigured security tool.
The charges: Prosecutors charged Tunick under a federal statute that prohibits knowingly destroying or damaging property to prevent its lawful seizure by authorities. Matthew Dodge, Tunick’s federal public defender, told TechCrunch that it is highly unusual for this statute to…
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