Sam Tunick phone border charge centers on alleged duress password
Federal prosecutors say Sam Tunick wiped his phone during an airport border search; his lawyers argue the seizure was unlawful.
By Hana Yoshida · Markets Reporter
3 min read
The Sam Tunick phone border case centers on a rare prosecution over what federal authorities say happened when agents tried to take his device at Atlanta’s Hartsfield-Jackson airport. According to The Verge, the US government is prosecuting Tunick, a US citizen, for allegedly giving agents a “duress password” that erased his phone on January 24, 2025.
The Verge reported that federal agents detained Tunick at the airport and questioned him about alleged child exploitation images. Tunick’s lawyers, however, said in a motion that the stated basis for the questioning was a pretext for looking into his ties to Atlanta’s Stop Cop City movement.
Prosecutors are relying on a statute that bars destroying or damaging property to keep authorities from seizing it, according to The Verge. The charge turns on the government’s allegation that Tunick used a privacy feature in GrapheneOS, an operating system focused on security and privacy, to wipe the phone by entering a duress password instead of the device’s regular unlock code.
What is a duress password?
A duress password is a secondary code designed for situations in which someone is forced to unlock a device or account. Depending on how a system is configured, entering that code can trigger a protective action, such as wiping data, rather than opening access in the normal way.
The Verge reported that prosecutors say Tunick used that kind of feature when federal agents sought access to his phone. The case puts the government’s seizure powers at the border against the defense’s argument that the search itself should not stand.
What are Tunick’s lawyers arguing?
Tunick’s defense is asking the court to throw out the evidence, arguing that the detention and seizure were unlawful, according to The Verge. His attorneys say agents did not provide a warrant, did not tell him his legal rights and refused to let him speak with a lawyer.
The defense also alleges that agents sought access to the phone under false pretenses. The Verge reported that the government has responded that agents did not need to present a warrant because Tunick had not yet been cleared to enter the United States.
The case has drawn attention from activists connected to the Stop Cop City movement. Marlon Kautz, a member of the Atlanta Solidarity Fund, told The Guardian that “we all have a right to secure our private data against unconstitutional searches.”
The Verge described the statute at issue as little-known and rarely used. If the prosecution proceeds, the dispute is likely to focus on whether the government can treat the alleged phone wipe as destruction of property meant to block a seizure, and whether the initial airport detention and device seizure were lawful.
This story draws on original reporting from The Verge.