Samuel Tunick faces federal charges for wiping his phone at a U.S. border checkpoint. The government claims he entered a duress passcode to erase his device before agents could search it.
The incident happened on January 24, 2025. Tunick was returning from a vacation in the Dominican Republic when Department of Homeland Security officers stopped him at the airport. DHS agents had called ahead to flag him for extra scrutiny.
Officers searched his bags and person without a warrant or his consent. They found nothing illegal. When asked to search his phone, Tunick initially declined but eventually gave a code. Instead of unlocking, the phone went blank and showed the GrapheneOS logo.
GrapheneOS is a privacy-focused operating system with a special duress password feature. It allows a user to irreversibly wipe the device if forced to reveal a passcode. This case is believed to be the first U.S. prosecution for using such a feature at the border.
Tunick left the airport after the wipe. He was indicted later in 2025 for allegedly destroying digital evidence. The maximum sentence is five years in federal prison. His lawyers argue the search and seizure were unlawful and have filed a motion to suppress evidence.
Federal public defender Matthew Dodge criticized the agents for not seeking a search warrant. “They could have asked the judge for a search warrant for Sam’s phone if they thought they had evidence of a crime. They didn’t do that,” he said.
Tunick spoke out against the charges. “I hope people understand that the charges against me are meant to intimidate people,” he said. “The government hopes to set a precedent that no one has the right to privacy.”
Digital privacy advocates see this case as a warning sign. Marlon Kautz stated, “We all have a right to secure our private data against unconstitutional searches. And we should — especially in a time of rising authoritarianism.”
Security expert Runa Sandvik noted the novelty of the case. “I have not seen this before, though I’ve discussed the potential scenario with activists and journalists over the years,” she said.
The case highlights tension between privacy technology and border security powers. It raises questions about constitutional protections and the limits of government authority at entry points.
Meanwhile, DHS has invested heavily in border security, opening a $118 million training facility in spring 2025. The stakes are high as government agencies push to define what privacy means in an era of digital data and encryption.
Based on
- ‘The Government Hopes To Set a Precedent’: An Interview With the Man Charged for Allegedly Wiping His GrapheneOS Phone — 404media.co
- Activist charged with felony after giving border agent “duress code” that wiped his phone – Ars Technica — arstechnica.com
- The US is charging an American citizen for wiping his phone at the border | The Verge — theverge.com
- US accuses American of allegedly wiping his phone using a ‘duress’ password during border search | TechCrunch — techcrunch.com
- David Huerta: Prosecutors move to drop charge against California labor leader arrested during immigration protest | CNN — cnn.com
