US activist faces felony charges after using duress code to wipe phone at border

Samuel Tunick, an Atlanta-based activist, is facing federal felony charges after using a duress code on his Google Pixel phone to irreversibly delete all data during an interrogation by US Customs and Border Protection (CBP) in early 2025. The Department of Justice has charged Tunick under a little-used statute that prohibits the knowing destruction or damage of property to prevent its seizure, a legal strategy described by experts as unprecedented.

The incident occurred at an international airport when CBP agents demanded access to Tunick’s device, which was running GrapheneOS, an Android-based operating system focused on privacy. When agents threatened confiscation if the device was not unlocked, Tunick entered a distinct duress code. This feature, available on Pixel 6 devices and later, immediately and irreversibly deletes all data and eSIMs when activated on the lock screen, leaving the device blank.

Tunick’s legal team argues the border search was a pretext to target his activism against the Cop City law enforcement training facility, which opened in spring 2025. According to court filings, Tunick had been placed on a watch list and CBP had discussed detaining him via email for suspected terrorism activities prior to his arrival. His lawyers allege he was denied legal counsel and never read his rights during the interrogation, despite requesting assistance multiple times.

The Electronic Frontier Foundation (EFF) noted that experts had never seen this specific law applied in this manner before. While standard CBP procedures typically involve confiscating devices for forensic analysis or attempting on-the-spot data extraction, the DOJ is now arguing that Tunick illegally destroyed government property by tricking an agent into executing the wipe. The government maintains the search was routine and aimed at finding prohibited items, including evidence of child sexual abuse.

A first hearing for the case took place last week, where Tunick’s lawyers filed a motion to suppress all evidence from the interrogation. They contend the government’s actions violated constitutional rights and amounted to a fishing expedition against activists opposing the $118 million training facility. If convicted, Tunick could face up to five years in prison, marking a significant escalation in the legal landscape surrounding digital privacy at US borders.