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When a Department of Homeland Security official sent out an alert to stop Samuel Tunick, a Stop Cop City activist, at an airport in January 2025, they said the reason was because he was suspected of “terrorist activities,” according to new filed court records which include a screenshot of the alert and photos of Tunick’s interrogation.

Tunick ultimately provided Customs and Border Protection (CBP) officials with a code that, when entered, wiped his security- and privacy-focused GrapheneOS phone. Tunick is now being criminally charged for that alleged act, in one of the most high profile technology civil rights cases in recent memory.

The court records also showed that CBP officials lied to Tunick during his interrogation. Instead of saying he was being targeted for suspected terrorism — although this search happened just at the start of the second Trump administration, it has dramatically broadened what organizations or people may be considered such — they said they needed his phone to look for “kiddie porn.”

“Good afternoon,” an email sent from a Homeland Security Investigations (HSI) official, part of Immigration and Customs Enforcement (ICE), to CBP and other officials reads. “The following subject is scheduled to arrive in ATL [Hartsfield-Jackson Atlanta International Airport] today via DL 1778 @ 1930 Hours. TUNICK is under investigation by HSI/JTTF for suspected terrorist activities.” The email includes a photo of Tunick, and asks the officials to direct him to secondary inspection, retain all of his electronics, and collect their passcodes.

As 404 Media first revealed in December, Tunick was charged because he allegedly “did knowingly destroy, damage, waste, dispose of, and otherwise take any action to delete the digital contents of a Google Pixel cellular phone, for the purpose of preventing and impairing the Government’s lawful authority to take said property into its custody and control.” Matthew Dodge, one of Tunick’s lawyers, previously told 404 Media he only found one other case using the same obscure law, a drug trafficking case. “This is extraordinarily rare,” Dodge said.

Tunick was part of the Stop Cop City movement in Atlanta, which broadly protested the building of a large police training center, and which authorities investigated for arson, vandalism, and doxing. Tunick is not suspected of any crime beyond the alleged wiping of the phone, and has previously put his current prosecution in the context of the wide spanning cases against other Stop Cop City protesters.

The newly filed court record, in which Tunick’s lawyers argue that evidence should be thrown out, include new photos and descriptions of the airport encounter. The CBP officials asked Tunick if they were going to find “kiddie porn” on his phone, which Tunick immediately denied. “As the evidentiary hearing made clear, these unfounded accusations were nothing more than pretext for a fishing expedition into the depths of Mr. Tunick’s devices,” the lawyers wrote. They added, “Officer Findley acknowledged that officers had no reason whatsoever to believe Mr. Tunick possessed child pornography,” referring to one of the officials.

Tunick faces a maximum of five years in federal prison for allegedly wiping the phone.

“I hope people understand that the charges against me are meant to intimidate people against protecting their data and their privacy, and the government hopes to set a precedent that no one has the right to privacy,” Tunick previously told 404 Media.

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[-] Mulligrubs@lemmy.world 17 points 2 days ago* (last edited 2 days ago)

You were warned long ago, these CP laws will be used to take a lot of people down, just like the drug laws, they all have the same purpose, though different targets.

Every time the government is granted powers, it abuses them. It's in their nature, they can't help it, they are after all people.

That's why transparency is so very important.

You are always a "suspect" for something, and CP is perfect for them to abuse because almost everybody has a phone full of photos, so they always have a "reason" to search your phone. This guy didn't do a goddamn thing.

These cops won't miss a day, and if they do, it will be paid for by us. We don't get to search their phones womp womp

I don't know what the solution is. I think that cops should have to pay the price for abusing our laws, that would be a good start.

[-] Zak@lemmy.world 1 points 1 day ago

I don’t know what the solution is.

I do. Eliminate the border search exception for the contents of digital devices. It's already trivial for any serious criminal to transfer illegal data over the internet instead of carrying it on physical devices, so such searches are usually a pretext to look for something else.

[-] ssfckdt@lemmy.blahaj.zone 12 points 2 days ago* (last edited 2 days ago)

As I recall the law they're trying to get him on for giving them a duress password doesn't even reply to data, and requires a physical act, not a verbal one. It's the stretch of a stretch.

I hope the defense points out that the agency almost certainly had other means of accessing data on a phone other than using a password. Never mind that they had no reason to believe that his password was accurate.

If they had said to him "unlock your phone," and he entered the duress password, that might fly. But they didn't. They took his phone, asked him what the password was, and entered it. So technically they did the act.

[-] chewypoops@lemmy.world 31 points 3 days ago

This is something I've been saying for a while.

The right constantly fearmongers about pedophiles because CSAM is a really easy tool to frame someone. It's a crime that requires minimal evidence and creates significant disgust.

Expect more of this.

[-] lenabee@lemmy.blahaj.zone 19 points 2 days ago

And yet the Epstein files go unaddressed. They know their base will one day eat them alive if allowed so they claw for power to avoid the consequences.

[-] SocialistVibes01@lemmy.ml 15 points 2 days ago* (last edited 2 days ago)

Remember Assange, ie this could happen in any of the Five Eyes.

[-] Lucidlethargy@sh.itjust.works 19 points 2 days ago* (last edited 2 days ago)

These child fuckers are now falsely accusing others of child abuse? Why is this not surprising?

Send all these fucking traitors to the camps they keep populating with innocent people.

[-] grue@lemmy.world 6 points 2 days ago

Why is this not surprising?

Because projection has been their go-to #1 strategy for every single fucking thing for over a decade?

[-] f3nyx@lemmy.ml 21 points 2 days ago

"Officer Findley acknowledged that officers had no reason whatsoever to believe Mr. Tunick possessed child pornography"

I'm pretty sure if I made up a lie at work I'd get fired. seems to be a requirement for law enforcement

[-] alottafagina@lemmy.ml 90 points 3 days ago

Called bullshit as soon as I read they were accusing him of kiddie stuff.

This is why GrapheneOS's passcode feature is more likely to land you in trouble - it's too "hostile"

I'd rather it load an empty profile while it wipes everything in the background.

[-] arthur@lemmy.zip 58 points 3 days ago* (last edited 3 days ago)

The idea itself is good... But his defense strategy is even better: they are denying that he even had the duress code configured. The accusation must be able to prove he had, and I think proving it will be very hard to do.

[-] alottafagina@lemmy.ml 35 points 3 days ago* (last edited 3 days ago)

When you enter the wipe passcode, iirc the screen flashes and the phone reboots / wipes - that's how they were clued in that he 'did something' and that's why he's being charged and faces 5y in prison for the act.

A hidden wipe would have prevented this.

[-] fodor@lemmy.zip 44 points 3 days ago

That's what they said happened. We have no idea if it actually happened, and based on the report here, there's no reason we (or a jury) should believe what they say.

Do they have video? Not that we've seen, from what I've read, but maybe it exists.

[-] alottafagina@lemmy.ml 25 points 3 days ago

This sounds overly optimistic bordering on delusional. There are countless examples of courts siding with authorities based on nothing but their say so and this case is a perfect candidate to 'make an example' out of someone uncooperative with said authorities. It's easy to discount the stress of having a potential 5 year term hanging over you when you're not on the receiving end of it.

Unless you're deliberately looking to fight the fight (unlike the majority of people who find themselves in this situation), the plausible deniability provided by a more discrete wipe would keep both your data and you personally safe.

Remember folks, until the law applies equally to the owning class, its only there to keep you in line, and they will be willing to overlook anything necessary to keep you in that line.

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[-] brownsugga@lemmy.world 18 points 2 days ago

This is happening in GA, the state. He participated in "stop cop city" an anti-police thing. Unless he has a very good lawyer they will put him in prison for anything they can.

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[-] mefisdo_dot_info@lemmy.ca 48 points 3 days ago

So, GrapheneOS should have a function that replaces the content of the phone with a vanilla set of apps and a clean account, instead of wiping it, on receiving the distress code.

[-] chiliedogg@lemmy.world 25 points 3 days ago

No, we need to keep a crumpled post-it note with the wipe password written on it in our pockets.

It's the police's fault for just typing in the unlabeled code they found. We use our actual passwords all the time - why would we have to keep those written down?

[-] KeithD 5 points 2 days ago

Keep the duress code written down on a piece of paper in the phone case, under the phone.

[-] Doomsider@lemmy.world 1 points 1 day ago

Oh, that is a good one!

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[-] traxex@lemmy.dbzer0.com 9 points 3 days ago

GOS developer already said this would be trivial to crack and notice the fake account. It would be a pointless solution that fools nobody.

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[-] Takeshidude@lemmy.world 65 points 3 days ago

Passcodes should be covered by the fifth amendment: when asked to provide them, say "I am exercising my right to remain silent."

Biometrics, however, are not covered, and cops can point your phone at your face or grab your hand to unlock the device

[-] foofighter@lemmy.world 37 points 3 days ago

Iirc this happened at a border crossing outside of American jurisdiction where the officers argued that those laws do not apply (while insisting that the american laws he is being charged for breaking do)

[-] grue@lemmy.world 5 points 2 days ago

It happened at a border crossing where the fascists claim you don't have rights, but I fucking dare anybody to show me where in the Constitution justifies that.

[-] David_Eight@lemmy.world 15 points 3 days ago

Passcodes are not "private info" everywhere, AFAIK in the UK if you refuse to give up your passcode you could get up to 5yrs of jail time.

[-] Zaktor@sopuli.xyz 20 points 3 days ago

While that's good information to know, this is a case in the US, so it's kind of irrelevant.

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[-] spacegoat@lemmy.world 19 points 3 days ago

Put the officers in jail. It’s that easy

[-] SaltyAxe@lemmy.world 36 points 3 days ago

Not surprising. Protecting Kids & Fighting Terrorism are always the reasons to violate our rights and it's rarely ever actually about that.

[-] blackshirt@lemmy.world 14 points 3 days ago

If protecting kids is one of their main goals, I wonder why they did not start with the Epstein friends?

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[-] Carmakazi@piefed.social 40 points 3 days ago

This specific case is kind of a clusterfuck of questions regarding jurisprudence. He might slip away on a technicality because law enforcement has gotten sloppy under feelings of invulnerability these days.

In general though, I doubt they are going to protect the right to destroy data on a device that is or is about to be legally seized. Any reasonable person would expect that the device includes the data on board, and therefore taking action that results in the destruction of that data would be destroying evidence.

Use burners when traveling.

[-] reallykindasorta@slrpnk.net 26 points 3 days ago

If he’d just committed a heinous crime I could understand them being allowed to legally seize and search his devices after getting a warrant, but he wasn’t being criminally charged with anything, right? Do they have the right to scroll anyone’s private photos who passes through customs?

[-] Carmakazi@piefed.social 21 points 3 days ago

That's one of several questions this case will likely set precedent for. I'm guessing the answer will end up being yes.

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[-] panda_abyss@lemmy.ca 8 points 2 days ago

Isn’t this slander?

[-] mindbleach@sh.itjust.works 6 points 2 days ago

'We searched the hard drive for drugs. No reason, didn't find shit - but by god, we searched!'

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[-] weps@lemmy.world 1 points 1 day ago

honestly Americans have moved on from child stuff like the Epstein files

[-] Doomsider@lemmy.world 2 points 1 day ago

Oh my gosh, what horrible thing are they doing now!?

[-] bridgeenjoyer@sh.itjust.works 21 points 3 days ago

This is what they'll always do to make privacy impossible.

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[-] 0verthi@lemmy.zip 4 points 2 days ago

surprise 🤡

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this post was submitted on 20 Oct 2026
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