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

A U.S. citizen has asked a court to throw out the government's claim that he gave over a passcode to border authorities that wiped his phone's data, opening up fresh questions about a person's constitutional rights at the U.S. border.

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

TL;DR

  • 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.