Samuel Tunick flew home from vacation with a Google Pixel running GrapheneOS, and the FBI was already waiting for him at the Atlanta airport. When border officers demanded his password and typed it in, the screen flashed, the phone restarted, and everything on it was gone.
That is a duress password: a code that does not unlock your phone, it erases it. Nearly eleven months later, on November 13, 2025, a Georgia grand jury returned a one-count sealed indictment — not for terrorism, child exploitation, or the protest movement the government had actually been investigating. Tunick was charged with destroying evidence under 18 U.S.C. Section 2232.
Tunick, an American citizen associated with the Cop City protest movement, landed at Hartsfield-Jackson on January 24, 2025, returning from the Dominican Republic. An FBI Joint Terrorism Task Force officer and a special agent had coordinated with CBP ahead of time. The officers opened by saying they were "looking for people who are pedophiles." They kept questioning Tunick after he repeatedly asked for a lawyer, never read him his Miranda rights, and told him "we have search authority, we don't need a warrant." He eventually gave up both passwords. The one for the Pixel destroyed its data.
LegalEagle breaks down the full stack of legal questions that follow: the border search exception to the Fourth Amendment, and why Riley v. California made phones different; the circuit split that leaves Tunick in the worst courtroom for it, where the 11th Circuit (Vergara, Touset) requires no individualized suspicion at all, the 9th requires reasonable suspicion, and the 4th requires individualized suspicion plus a nexus between the suspected offense and the purposes of the border-search exception; the Fifth Amendment line between compelled biometrics and a memorized passcode; and Section 2232 itself, which turns on whether the "property" was the phone or the data that vanished with the code.
Plus: the two-page indictment that misspells the country as "Untied States" and names the wrong agency entirely.
A case about the password you are allowed to keep in your head, and what happens when the government enters it anyway.
CHAPTERS
(00:00) A password that erases your phone
(01:12) The FBI is waiting at the airport
(02:09) No lawyer, no Miranda warning
(02:49) The duress password wipes the phone
(03:40) Indicted for destroying evidence
(04:13) The border search exception
(04:52) The 11th Circuit: no suspicion
(06:36) What border searches are for
(09:12) Whren and the pretext problem
(09:52) CBP policy vs. the Constitution
(11:04) The Fifth Amendment and passwords
(12:56) What Tunick says happened
(13:47) Miranda at the border
(14:46) A protected act, a new crime?
(15:46) The indictment, typos and all
(16:22) What Section 2232 requires
(17:48) The phone or the data?
(18:53) What was the prohibited act?
(20:17) Can Tunick still win?
(20:54) Finding the right lawyer
Do you need a great lawyer? I can help! https://legaleagle.link/eagleteam
LEGAL-ISH DISCLAIMER
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