Federal authorities have brought criminal charges against Sam Tunick, a US citizen, alleging he deliberately destroyed data on his smartphone to prevent government seizure at Hartsfield-Jackson International Airport on January 24th, 2025. According to prosecutors, Tunick provided law enforcement with a “duress password” connected to GrapheneOS, a privacy-focused operating system, which caused his phone to be wiped when agents attempted to access it during questioning.
The government is prosecuting the case under a rarely invoked statute that criminalizes the destruction or damage of property with the intent to obstruct authorities from seizing it. Prosecutors claim Tunick used this feature intentionally, providing the duress password instead of his actual phone passcode to agents who detained him at the airport.
Tunick’s legal defense has challenged the government’s authority in the case, arguing the detention and seizure were unlawful because agents lacked a warrant, refused to provide him access to an attorney, and failed to inform him of his legal rights. The defense team also contends that agents falsely represented their intentions, claiming they actually sought to investigate Tunick’s alleged connections to the Stop Cop City movement in Atlanta rather than pursuing legitimate law enforcement objectives. Prosecutors countered that no warrant was required because Tunick had not yet been admitted into the country.
The case has drawn attention from activism communities, with observers noting that data security has become an increasingly significant concern for travelers entering the United States, particularly given expanded government scrutiny of social media activity and longer detention periods at borders.
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