# US prosecution of Samuel Tunick over border phone wipe

> Live situation record from CLSTR: https://clstr.news/situations/us-border-duresspassword-indictment
> Updated: 2026-08-21T21:15:37.000Z. Sources: 26. Developments: 6.

In January 2025, activist Samuel Tunick was intercepted by U.S. Customs and Border Protection at Hartsfield-Jackson Atlanta International Airport while returning from the Dominican Republic. During a secondary inspection, Tunick provided a duress password on his Google Pixel phone running GrapheneOS, which triggered an automatic wipe of all device data.

Federal prosecutors subsequently indicted Tunick for destroying property to prevent seizure and obstruction of justice, charges that could carry up to five years in prison. Tunick has pleaded not guilty, with his legal team arguing that the search violated Fourth Amendment rights because agents lacked a warrant and denied him access to counsel. While agents initially cited suspicions of child-exploitation material, Customs and Border Protection later acknowledged there was no basis for such suspicion.

The case has drawn attention from privacy advocates and the GrapheneOS Foundation, which maintains that the duress-password feature is a legal security tool. Legal experts suggest the prosecution may serve as a significant test regarding the scope of digital privacy protections and the limits of warrantless searches at U.S. borders.

## Claims

- Samuel Tunick was indicted on a federal charge of destroying property to block seizure under 18 U.S.C. § 2232(a). (corroborated by 7 sources)
- The indictment stems from Tunick’s use of GrapheneOS’s duress password that automatically erased his phone’s data during a CBP secondary inspection. (corroborated by 7 sources)
- Tunick was intercepted at Hartsfield‑Jackson Atlanta International Airport on 24 January 2025 after returning from the Dominican Republic. (corroborated by 7 sources)
- Tunick requested legal counsel multiple times and was not read his Miranda rights during the interrogation. (corroborated by 7 sources)
- Tunick is affiliated with the activist group Defend the Atlanta Forest, which opposes the proposed “Cop City” police training facility. (corroborated by 7 sources)
- If convicted, Tunick faces a maximum sentence of five years imprisonment and a fine. (corroborated by 7 sources)
- This is the first known US prosecution for using a privacy‑enhancing feature to delete data on a device at a border checkpoint. (corroborated by 7 sources)

## Timeline

### 2026-08-21: Samuel Tunick charged with obstruction after wiping phone during border search

Activist Samuel Tunick faces felony obstruction charges after using a duress passcode to wipe his smartphone during a U.S. border search.

2 sources. https://clstr.news/cluster/samuel-tunick-charged-with-obstruction-after-wiping-phone-during-border-search

### 2026-08-02: Sam Tunick's Airport Search Highlights Border Fourth Amendment Debate

Activist Sam Tunick was searched without a warrant at Atlanta airport, gave a passcode that wiped his phone, and faces a charge of destroying property—a case that may challenge Fourth Amendment border‑search pr

3 sources. https://clstr.news/cluster/sam-tunicks-airport-search-highlights-border-fourth-amendment-debate

### 2026-07-29: Samuel Tunick faces up to five years for phone wipe at Atlanta border

U.S. activist Samuel Tunick is charged with up to five years after using a panic code to wipe his phone during a Jan 24, 2025 CBP interview at Atlanta airport; lawyers claim the border search violated his Fifth

3 sources. https://clstr.news/cluster/samuel-tunick-faces-up-to-five-years-for-phone-wipe-at-atlanta-border

### 2026-07-29: Sam Tunick Charged for Using GrapheneOS Duress Password at US Border

Sam Tunick, an Atlanta activist, was charged after using GrapheneOS's duress password to wipe his phone during a U.S. border stop. The OS developer says the feature is legal and constitutionally protected.

4 sources. https://clstr.news/cluster/sam-tunick-charged-for-using-grapheneos-duress-password-at-us-border

### 2026-07-27: Atlanta Activist Samuel Tunick Indicted Over Phone Wipe at US Border

Atlanta activist Samuel Tunick was indicted for using GrapheneOS’s duress password to wipe his phone during a Jan 2025 US border inspection, facing up to five years in prison; the case sets a precedent for data

8 sources. https://clstr.news/cluster/us-citizen-charged-for-using-smartphone-duress-password-at-border

### 2026-07-24: Samuel Tunick Charged for Using Duress Password to Erase Phone at US Border

The U.S. Justice Department has indicted Samuel Tunick for allegedly using a GrapheneOS duress password that erased his phone during a 2025 border check, a first‑of‑its‑kind case raising privacy and legal‑right

7 sources. https://clstr.news/cluster/us-justice-department-prosecutes-atlanta-man-over-duress-phone-password

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Cite as: US prosecution of Samuel Tunick over border phone wipe. CLSTR, https://clstr.news/situations/us-border-duresspassword-indictment
