Technology

Can You Be Charged With a Crime for Wiping Your Own Phone at the Airport?

Martin HollowayPublished 3d ago4 min readBased on 4 sources
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Can You Be Charged With a Crime for Wiping Your Own Phone at the Airport?

A Georgia man faces a felony charge for wiping his own smartphone while U.S. border agents were trying to search it. Samuel Tunick, an Atlanta activist, was questioned by Customs and Border Protection officers in early 2025. Prosecutors say Tunick gave agents a special password that triggered his phone to erase everything on it The Verge.

The password Tunick reportedly used is called a duress password. It is a feature of GrapheneOS, a privacy-focused version of the Android phone system. A duress password looks like a normal unlock code, but when you enter it, the phone does not just delete your files. Instead, it destroys the digital key that unlocks all the data on the device. Imagine a safe that, when you turn a hidden dial, incinerates everything inside rather than opening up. Once that key is gone, the data cannot be recovered, even by experts with specialized equipment.

According to court filings, CBP officers told Tunick they needed to search his device to check for child sexual abuse material. Tunick's attorneys argue that this was a pretext to look into his connections with the Stop Cop City protests in Atlanta. In a motion to suppress evidence filed in March, Tunick's legal team states that he did not consent to a search and repeatedly asked to speak to his attorney. CBP officers told Tunick they did not need a warrant to search his phone The Verge.

The device was a Google Pixel smartphone running GrapheneOS, as identified in earlier reporting on the case Privacy Guides. Tunick eventually gave CBP agents the password to his phone. When they entered it, the screen went blank, flashed several times, and the phone appeared to restart, according to court records The Verge.

The case sits at the intersection of two areas of law: border search powers and rules about destroying evidence. At the U.S. border, CBP has broad authority to search electronic devices without a warrant. Tunick's lawyers argue that the search violated his constitutional rights U.S. News. The defense motion to suppress, filed in March, contends that the search itself was unlawful, which would make any evidence that followed, including the fact that the phone was wiped, inadmissible in court The Verge.

The Verge's reporting on the case draws from court filings and the motion to suppress evidence rather than a Department of Justice press release or an exclusive journalistic investigation The Verge. Ars Technica also published a report on the felony case in July 2026 Ars Technica.

For security professionals, duress passwords are considered a standard safety tool in high-risk situations. They are built into various secure phone systems and corporate device management programs. They work by destroying the master key that protects all the data on a phone, rather than deleting individual files. This means that even if someone removes the phone's memory chip and reads it directly, the previous contents cannot be recovered.

The broader context here is the tension between security tools designed to protect your data and federal laws about destroying evidence. For decades, standard advice for people crossing international borders has been to carry minimal data, use encryption, and be ready to use wipe features if forced to hand over a device. Security training has treated this as the responsible way to protect confidential information.

What the Tunick case tests is whether using that security protocol can be treated as a crime when it happens during a border search. The outcome will depend on specific details: whether the search was considered lawful at the time the duress password was entered, and whether someone can be charged with destroying evidence when no evidence had been found yet. The motion to suppress argues that without a valid search, there is no legal duty to keep data for it.

This is not a case about whether GrapheneOS worked. It did exactly what it was designed to do. It is about the legal rules around forced disclosure at the border. In this author's view, if the court allows the felony charge to stand, it would mean that security features meant to protect data from forced access could themselves become the basis for criminal charges, something anyone who travels with sensitive information should watch closely. The technology exists and will continue to exist. What remains contested is when, if ever, you are allowed to use it.