Legal Questions Arise Over Wiping Phones at US Border
A Georgia man was charged with a felony for allegedly wiping his phone during questioning by Customs and Border Protection (CBP) agents. Samuel Tunick, an activist linked to the Stop Cop City protests in Atlanta, reportedly used a 'duress password' on GrapheneOS to erase data from his device after being denied access to legal counsel at the border. The case highlights ongoing legal uncertainty around warrantless searches of electronic devices by CBP agents. Courts are divided: some allow manual phone searches without warrants, while others require them. The Ninth Circuit ruled that biometric unlocking is permissible under the Fifth Amendment but not passcodes; however, these rulings were not specifically intended for border scenarios. Tunick’s attorneys argue the search was a pretext to investigate his activism and political views rather than national security concerns. This case adds to broader tensions over privacy rights at ports of entry amid increased scrutiny since Donald Trump's return as president.
Topics: CBP digital rights duress password privacy search and seizure