The U.S. Justice Department has charged an American for using a duress passcode to erase phone data at the border.

Samuel Tunick, an Atlanta resident, faces prosecution for allegedly providing a passcode that wiped his phone during a secondary inspection at Hartsfield-Jackson airport on January 24, 2025. This marks the first known U.S. case involving charges tied to data destruction through such a password, raising significant legal and constitutional questions about digital privacy and rights at the border.

Tunick’s case also raises ongoing questions about what constitutional rights can be invoked at the border, which the U.S. government has long asserted is not U.S. soil until a person is authorized to enter.

Tunick was charged under federal statute 18 U.S. Code § 2232 for knowingly destroying property to prevent seizure. His attorneys have filed a motion to suppress evidence, alleging unlawful detention and seizure, while Tunick has pleaded not guilty. The phone’s wiping was enabled by a feature in GrapheneOS, a custom Android operating system, which allows a duress passcode to erase device contents. Experts like Runa Sandvik note the novelty of this case, highlighting its implications for digital security and border enforcement.

The Atlanta federal court is expected to rule on the motion to suppress evidence later in 2026.

While Montana is not directly involved, businesses and travelers in the state might closely watch this case, as it could influence how digital privacy is enforced at national borders. Given Montana’s geographic position near international crossings, such legal precedents might affect local attitudes toward data security and border searches.

US accuses American of allegedly wiping his phone using a ‘duress’ password during border search
By Zack Whittaker, TechCrunch

For what to do if you’re concerned see- https://www.eff.org/issues/border-searches  

Many thanks to Alexis V. for sharing