Sounds like the border guard wiped his phone, not him.
this post was submitted on 24 Jul 2026
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This whole situation is making me strongly consider bringing a burner phone on my next vacation. That way I can wipe it before going through customs.
I did something similar when I last visited the US ~15 years ago. I uploaded an encrypted backup of my phone to a server in my home country and reset the device. I then downloaded and restored the backup when I arrived at the hotel.
„I think this case serves as a reminder that authorities may argue you knowingly destroyed data, so it’s better to not have that data on you when you cross certain borders.” Wow that’s an advice fitting entering Russia, Iran, etc. Nice club you’ve joined here
„unlawful to knowingly destroy or damage property to prevent authorities from seizing it” - but did it fucking explode, catch on fire, or blew some fuse on the phone or in any other way prevented it from working? No, they (not him) just wiped the data. I didn’t know deleting files off YOUR OWN DEVICE is a crime. I need to think twice before I empty trash on my computer next time.
100/100 remark!!!
Yeah I wonder what the penalty is for doing something legal with something you own.
Would be cool to have your device partitioned by separate passwords, so you could unlock a dummy system.
yes you can. On Graphene you can set the main profile as just there with nothing except to control wifi/add esim/etc. Then you can create many profiles with their own passwords. You can store your work stuff in 1 profile, private stuff in another. You can even create a dummy profile with fake Google. .
The downside currently is that the OS autoboot to main profile. Then you switch to your other profiles.
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this was a streisand effect for me because i didn't have duress password set up on my grapheneos phone (security & privacy => device unlock) before but i do now! :D
On GrapheneOS, you can also set a "second factor PIN" in the unlock settings under "Fingerprint Unlock", so that to unlock your screen you need to first use the fingerprint unlock and then separately enter your PIN. This means BOTH are required every time you unlock. Your phone can't be unlocked unless it's your finger AND unless you enter the PIN that only you know.
And under the Screen Lock settings you can also enable "Scramble PIN input layout", so that the number buttons on your unlock screen will be out of order, so people watching you or recording you can't just make note of the shape your index finger is making when touching the numbers to unlock your phone(like people looking over your shoulder or recording on store security cameras).
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claimed they did not need a warrant to search Tunick’s phone because he had not yet crossed the U.S. border.
Also no right to search / seize his phone then. US law doesn't apply on non-US soil.
If it's not US soil, it's not a detention, it's a rendition, a kidnapping.
Also, I don't know how citizenship works I this respect in the US, but in my country a citizen cannot be denied entry. It can be detained upon entering, but by then you are in sovereign soil.
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GrapheneOS - the only OS that i just installed and forget about it. Sure i spend time to tweak things like profiles but thats it.
And I am a distro and rom hopper.
The security model is that good: duress pin, scrambled pin, separate profiles with their own passwords, usb c restriction (you can set it charge only, charge while phone is off (most secure state).
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I just heard about this yesterday and it's very interesting and fascinating to me, how the duress PIN worked if a situation like this arose. I cannot think that GrapheneOS team for implementing such a feature. Lowkey want the team's input on this. 🥰
Perfectly legal. Unless they were legally charged and ordered by a court to preserve data considered to be used in a crime, they can't be charged with shit. Cops don't dictate this, courts do, AND that scope only applies to an active prosecution anyway.
Legality seems to be a fairytale concept in the USA, except for oligarchs. They get full legal coverage.
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This is why I'm never going to the US until all this shit is fixed. Which will probably be never
Tourists going to the US and US residents leaving should take a burner phone.
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Good.
That's legal, fuck you. It's my data, and I want it (gone) now!
Its good if the courts hold that sentiment up in his favor.
If they don't and take the border patrols side in this case then this just sets a horrific precedent for the future.
I hope the feds get raked over the coals in this court case and not only loose but get the dog shit sued out of them for this stunt.
I'm not optimistic anymore though.
What? US police can ask you for the phone password? No way! That is 100% police state. Stalin was amateur comparing to present day USA.
Yes US citizens cannot be compelled to provide a password, but biometrics such as fingerprint or Face ID can. Disable these when crossing into the US.
Non citizens can be detained and rejected for not providing access to a device via password. Best to bring a second device if you must enter. Depressing times.
Non citizens can be detained and rejected for not providing access to a device via password. Best to bring a second device if you must enter. Depressing times.
Or simply do not go to the US and let them to rot in their own madness
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Good. Annoying to rebuild his phone, but better than handing it to fascists who don't even have a lawful court order for it.
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He would have had a lot better legal leg to stand on I think if he had just refused to give them any passcode. Now instead of a potential case of being forced to compel speech, he is facing what will be argued is an attempt to destroy evidence. His defense is probably a lot stronger with the former than the latter.
Does it count as destroying evidence if they don’t have a warrant for it? I can destroy whatever device or document I want. It’s my property
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To charge someone with destroying evidence wouldn't they first have to somehow prove the evidence existed?
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