US Accuses American of Allegedly Wiping His Phone Using a 'Duress' Password During Border Search

The U.S. Justice Department is prosecuting Samuel Tunick for allegedly using a “duress” passcode on his GrapheneOS phone, which wiped its data when entered for border authorities. This marks the first known case of its kind in the U.S., challenging constitutional rights at the border. Tunick’s defense argues the phone seizure and subsequent charges are unlawful, citing denial of attorney access and an improper search pretext.

• Samuel Tunick is the first American charged for allegedly using a ‘duress’ passcode that wiped his phone’s data for U.S. border authorities.
• The case involves a feature in GrapheneOS, a custom Android operating system, that deletes device contents when a specific passcode is entered.
• Tunick’s attorneys claim the detention, seizure, and charges are unlawful, arguing he was denied legal rights and the search was pretextual.
• The defense is attempting to suppress evidence, asserting that border searches without warrants are unconstitutional once inside U.S. soil.
• The indictment accuses Tunick of destroying data to prevent seizure under a federal statute, to which he has pleaded not guilty.
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