A federal magistrate judge in Atlanta held an evidentiary hearing on July 20, 2026, to examine whether evidence from a 2025 airport phone search should be thrown out in the case against Samuel Tunick.
The session before Magistrate Judge Christopher C. Bly focused on Tunick’s motion claiming constitutional violations during the secondary inspection that led to federal charges after he used a “duress password” on his phone that would immediately delete data stored on it during a border search.
Samuel Tunick, an Atlanta resident and activist linked to the movement opposing the Atlanta Public Safety Training Center known as “Cop City,” faces a single federal count. Prosecutors allege that in January 2025, while returning from the Dominican Republic through Hartsfield-Jackson Atlanta International Airport, Tunick provided Customs and Border Protection agents with a passcode to his Google Pixel phone running GrapheneOS.
The code triggered a built-in duress feature that erased the device’s digital contents rather than unlocking it. Agents seized the phone and later charged him with knowingly destroying property to prevent its lawful seizure. Tunick pleaded not guilty after his November 2025 indictment.
An American was arrested for allegedly giving border patrol a password that deleted all data from his phone
— Interesting AF (@interesting_aIl) July 26, 2026
This is the first case someone is charged with using a “duress” passcode to wipe their own data pic.twitter.com/UyyRTgenQT
Federal agents had circulated Tunick’s name and photo hours before his flight landed, citing suspected terrorism activities tied to his activism, according to The Guardian. During secondary inspection, officers questioned him about child sexual abuse material, which his lawyers claim is a pretext for searching his phone in response to his participation in the Stop Cop City movement.
Tunick’s attorneys also argued that agents denied his repeated requests for a lawyer, failed to give Miranda warnings, and produced no warrant. GrapheneOS documentation confirms the duress password feature is designed to wipe a device irreversibly, including encryption keys and eSIMs, when the alternate code is entered.
Experts view the prosecution as uncharted legal territory. “It was incredibly rare to see the federal statute used in an indictment,” said Matthew Dodge, an assistant federal public defender on Tunick’s team, told TechCrunch.
Bill Budington, senior staff technologist at the Electronic Frontier Foundation, told the same outlet: “I have not seen this before, though I’ve discussed the potential scenario with activists and journalists over the years.”
Tunick attended a July 20 hearing with federal public defenders Joseph Austin and Melissa McGrane. Assistant U.S. Attorney Matthew S. Carrico represented the government. Three CBP officers testified under oath: Larry Findlay, Chief Jason Thomas Hawkins, and Latoya Castro.
Government exhibits included discs, a brochure, and an email. Findlay said the search was designed to look “for anything that’s prohibited.” The court granted Tunick’s request to end home detention and location monitoring and permitted temporary travel outside the district until July 24. No ruling on the suppression motion has been issued.
Cybersecurity expert Christophe Boutry told The Guardian the case is “concerning – and sends the message that GrapheneOS is criminal by default.” He also argued, “They’re our phones and the state can’t tell us how to use them.”
Marlon Kautz of the Atlanta Solidarity Fund said: “We all have a right to secure our private data against unconstitutional searches. And we should – especially in a time of rising authoritarianism.”
This case is important because the outcome of the suppression motion could determine whether the authorities can use evidence of the phone being wiped during Tunick’s trial. The judge is expected to issue a ruling after late October.
