The government says destroying his own data during an airport interrogation was illegal.

In early 2025, Atlanta resident Samuel Tunick was on his way home following a trip abroad. After landing in the US, customs agents demanded access to his Pixel phone, which was running an alternative version of Android called GrapheneOS. Rather than hand over his data, Tunick used a clever feature of the software to delete everything. Now, he’s facing federal charges.

The first hearing in this case happened last week, according to The Guardian, during which government attorneys and agents claimed that Tunick was subjected to a standard secondary interrogation at an international airport. During that encounter, agents were “looking for anything that’s prohibited.” However, Tunick’s legal team alleges he was targeted for his activism.

Tunick was involved with a group called Defend the Atlanta Forest, which opposed the construction of an enormous law enforcement training facility in the area often known as Cop City. What Tunick didn’t know, according to his lawyers, was that he’d been placed on a watch list for his actions and that Customs and Border Protection had discussed over email plans to detain him upon his arrival back in the US for “suspected terrorism activities.”

  • BillyClarkEnglish
    39•15 hours ago

    From a legal perspective, everyone has constitutional rights against the authorities going on a fishing expedition and searching you.

    It’s not like it’s an invasive plant or something physical that our borders would be the last line of defense. The only thing on a cell phone is data. I guarantee I can get data into the US in a myriad of ways. I can even put it on a cell phone in a way that border agents would have no chance of finding.

    So, although I understand that legally, these cell phone searches have not been found unconstitutional today, I think they are obviously unconstitutional. They aren’t protecting our borders against something that has no other way in. It’s just an unreasonable search and if we’re forced to give them the unlock code, it’s a violation of our right not to self-incriminate.

      • BillyClarkEnglish
        10•13 hours ago

        Yes, and my comment was about why the border search exception doesn’t make sense for cell phones specifically and so it should be unconstitutional for them to search cell phones specifically.

        • @CmdrShepard49@sh.itjust.works
          6•9 hours ago

          Not to mention our entire system of laws is based on pedantry where a comma here or misplaced word there can change the entire meaning of laws. Just because courts have ruled “routine warrantless searches” are permissible doesn’t give these agents carte blanche to do as they please. Courts have also ruled that body cavity searches at the border can’t be performed without a warrant or probable cause as just one example proving my point. Most of the case law mentioned here is regarding traffic stops and vehicle inspections which are far from searching through your device full of personal information and private communications.

          Regardless of shitty court ruling, it should be evident to most people that this violates our Constitutional rights despite the government giving themselves permission to violate said rights.

    • @Zak@lemmy.world
      12•15 hours ago

      I agree, though I’m not sure how many of the current supreme court justices would - not enough, I fear.