this post was submitted on 10 Dec 2025
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https://www.404media.co/man-charged-for-wiping-phone-before-cbp-could-search-it/

A man in Atlanta has been arrested and charged for allegedly deleting data from a Google Pixel phone before a member of a secretive Customs and Border Protection (CBP) unit was able to search it, according to court records and social media posts reviewed by 404 Media. The man, Samuel Tunick, is described as a local Atlanta activist in Instagram and other posts discussing the case. The exact circumstances around the search—such as why CBP wanted to search the phone in the first place—are not known. But it is uncommon to see someone charged specifically for wiping a phone, a feature that is easily accessible in some privacy and security-focused devices. 💡 Do you know anything else about this case? I would love to hear from you. Using a non-work device, you can message me securely on Signal at joseph.404 or send me an email at joseph@404media.co. The indictment says on January 24, Tunick “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.” The indictment itself was filed in mid-November. Tunick was arrested earlier this month, according to a post on a crowd-funding site and court records. “Samuel Tunick, an Atlanta-based activist, Oberlin graduate, and beloved musician, was arrested by the DHS and FBI yesterday around 6pm EST. Tunick's friends describe him as an approachable, empathetic person who is always finding ways to improve the lives of the people around him,” the site says. Various activists have since shared news of Tunick’s arrest on social media.

The indictment says the phone search was supposed to be performed by a supervisory officer from a CBP Tactical Terrorism Response Team. The American Civil Liberties Union (ACLU) wrote in 2023 these are “highly secretive units deployed at U.S. ports of entry, which target, detain, search, and interrogate innocent travelers.” “These units, which may target travelers on the basis of officer ‘instincts.’ raise the risk that CBP is engaging in unlawful profiling or interfering with the First Amendment-protected activity of travelers,” the ACLU added. The Intercept previously covered the case of a sculptor and installation artist who was detained at San Francisco International Airport and had his phone searched. The report said Gach did not know why, even years later. Court records show authorities have since released Tunick, and that he is restricted from leaving the Northern District of Georgia as the case continues. The prosecutor listed on the docket did not respond to a request for comment. The docket did not list a lawyer representing Tunick.

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[–] toiletobserver@lemmy.world 149 points 1 day ago (3 children)

We should all have a digital self detonation button in case of overreaching small dicked incel fascists.

[–] Tangent5280@lemmy.world 73 points 1 day ago (1 children)

I object to your use of penis size as a derogative. I have the smallest dick on the planet but I haven't become a fascist yet.

[–] shittydwarf@piefed.social 30 points 1 day ago (2 children)
[–] BeatTakeshi@lemmy.world 38 points 1 day ago

Duh not with naked eye

[–] Tangent5280@lemmy.world 23 points 1 day ago

I can give you a probability density mapping in accordance to the Pauli Exclusion Principle

[–] BeatTakeshi@lemmy.world 5 points 1 day ago

Hmmm I officially adopt the acronym OSDIF/OSDIFs

[–] FanciestPants@lemmy.world 2 points 11 hours ago* (last edited 11 hours ago)

I accidentally put in the hardware code to reset my phone to factory settings once by jamming it into my car console. It sucked at the time, but made me appreciate that I could use this code in the future if needed.

You may have this option on your device as well.

[–] favoredponcho@lemmy.zip 144 points 1 day ago (12 children)

If it’s GrapheneOS, he may have given them the wipe code. You enter a passcode and it deletes everything. So, CBP may have done this. In any case, fuck em.

[–] Zaktor@sopuli.xyz 52 points 1 day ago

Another story said he wiped it "using a code", so it sounds like that.

https://atlpresscollective.com/2025/12/05/samuel-tunick-atlanta-activist-arrest/

[–] mybuttnolie@sopuli.xyz 34 points 1 day ago (1 children)

instead of a destructive code, GOS should allow a code that will automatically open a secondary profile. wouldn't get the user in trouble

[–] MalMen@masto.pt 10 points 22 hours ago

@favoredponcho @InternetCitizen2 I knew a guy that leaved the wipecode "hidden" in the phone case hoping that it would be entered without asking if someome took his phone

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[–] alpha1beta@piefed.social 69 points 1 day ago

it should be my fucking right to to delete my data on my device at any time. Your lack of planning on your warrant doesn't constitute an emergency or wrong doing on my part.

[–] 1984@lemmy.today 59 points 1 day ago* (last edited 1 day ago) (2 children)

I heard on the news today that the US is planning to force people visiting their ~~slave pen~~ country to show their social media history and 5 years of recent phone numbers. :)

They really dont want anyone coming there do they... :)

https://www.dw.com/en/us-demands-access-to-tourists-social-media-histories/a-75096949

[–] kokesh@lemmy.world 15 points 1 day ago (1 children)

Yes! What if they would find something in my history? That would be horrible! Something like Fuck you tRump, you orange clown. Pedophile president. Does he also paint his dick orange? Does he fuck bag of cheetos every morning? Charlie kirk was fucking racist. Something like this could popup in my social media history! Oh no!

[–] 1984@lemmy.today 14 points 1 day ago (1 children)

I think they are not even interested in any of that. Its just a method of control. Continuing to apply pressure to people, reminding them to bow down to authority.

They can already get the social media history from any big tech company. :)

[–] itisileclerk@lemmy.world 5 points 1 day ago (1 children)

They are getting everything since always. That is why tech companies are getting so much money from government. Social media is a dream come true for US government.

[–] 1984@lemmy.today 5 points 1 day ago* (last edited 1 day ago) (2 children)

I think they are all going further and further into madness. Us government and big tech together.

They dont seem to understand that themselves. The consciousness of wanting to control by force, in combination with big tech dystopian dreams of raising humans with Ai, and watching everybody in real time... Its a very strong difference in that kind of consciousness compared to a good person on this planet.

Ive lost interest in building technology solutions myself. Because its just about ads and control now. Its just the wrong kind of consciousness in charge of humanity. Tech isnt helping us, its making us more and more helpless and depressed.

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[–] Spaniard@lemmy.world 3 points 1 day ago* (last edited 1 day ago)

to show their social media history

For visa I think they already do, well not exactly show their social media history but the background check includes social media because people from the Philippines trying to get a visa remove pictures with Americans when they apply for visa.

Since most of the popular social networks are Americans I don't think there is a limitation, probably even if you remove things...

[–] LodeMike@lemmy.today 41 points 1 day ago

The indictment does not say anything more than what is quoted. I am wondering if this is because he deleted the contents after being told it would be searched or something

[–] Pika@sh.itjust.works 36 points 1 day ago (3 children)

The exact circumstances around the search—such as why CBP wanted to search the phone in the first place—are not known

until this isn't an unknown it's impossible to voice opinion on the legality of this action. If they had evidence that there was something incriminating or against the law on the device and can prove the user intentionally destroyed the info to impede the investigation(honestly this last part is fairly easy as long as the first part can happen) then yea what he did would defo break the law, but until those aspects can be determined this seems like a massive abuse of that persons 1st(due to activism), 4th (due to the seizure of private property without a lawful search), and 5th(again private property) amendment rights.

[–] Imgonnatrythis@sh.itjust.works 8 points 1 day ago (2 children)

I'm having a tough time thinking of an example where this makes sense. I guess if there was one incriminating document they had evidence was on your phone and then you wiped it you'd be interfering with the investigation under the assumption there could be more? If they knew a out the one then they would have a copy of it and some proof you have it on your phone. You wiping it doesn't help you much for that particular crime. If it's a crime to delete the stuff they didn't know you had, that sounds ripe for abuse. They could find something banal like a miscompleted tax form and use it to do a deep dive into someone's entire document library, browser hx, etc. Perhaps I'm on the wrong side of the law on this one, but it seems like the law should favor a right to avoid self-incrimination and a right to protection from unjust violations of privacy. Anyway, while it looks suspicious, couldn't it just be an accidental data wipe? Cops making accusations against someone could make them nervous, maybe make typing finger shaky and inaccurate. Maybe they could mis-enter their password 10 times in a row and trigger a wipe?

[–] Pika@sh.itjust.works 3 points 1 day ago* (last edited 1 day ago) (2 children)

yea you have it yes, if they have confirmation that you had said evidence, and they were seizing the device to collect more evidence regarding it then it would be obstruction of justice and destroying evidence, but they need to be able to prove that claim. Unless they can prove that claim then it's an unlawful search (excluding port authority specific laws regarding searches because checkpoints generally have reduced restrictions on lawful searches)

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[–] Khanzarate@lemmy.world 2 points 1 day ago (1 children)

Another case is if they get a warrant for whatever's on your phone, you knew, and then erased your phone.

Warrants make more sense, because a warrant can be issued just due to probable cause. They need that cause, but that cause doesn't have to be directly related to your phone. Once you know they have a warrant to search it, you would qualify as "knowingly" altering or destroying evidence.

[–] Imgonnatrythis@sh.itjust.works 4 points 1 day ago (2 children)

Erasing one's phone if you had a warrant for search is exactly what I would advise someone to do. Take your chances the evidence destroying charge over handing over what they might use against you unknowingly. For all I know my stash of articles on the efficacy of vaccines could be deemed contraband in this day and age or perhaps my trans cake fart video library now violates a state law with each video bearing a one year prison sentence. There's a term for anyone that trusts the US legal system is going to treat them justly and that's "damn fool"

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[–] fodor@lemmy.zip 6 points 1 day ago (2 children)

I think your speculation is probably going to be fairly close to reality, but that makes their case very difficult to prove. If the FBI comes to my house and tells me that they're investigating a crime and then I delete data, then probably I have broken the law. And I would have known it. So I would get convicted. But Border Patrol loves to go on fishing expeditions and search digital devices when there is no evidence that a crime has been committed. And if that's the case, then I don't have any obligation to preserve the data. And it doesn't even matter what Border Patrol claims later because the legal standard is going to be what I believed at the time that they tried to go on their fishing expedition.

I think we can safely conclude that there was no warrant because no one has reported there was a warrant and that is the kind of thing that they would have reported. And if they had one they would have seized the phone itself. So we can reasonably conclude that this is a situation where they told the guy, unlock your phone or we're going to keep you locked up or we're going to take your phone.

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[–] PushButton@lemmy.world 23 points 1 day ago (2 children)

Does the Rights against self-incrimination and the Right to remain silent help here?

I don't see something they can really do against it? I am not in the USa so, someone?

[–] frongt@lemmy.zip 6 points 1 day ago (3 children)

Not really, no. You have the right to not give testimony against yourself, including by not providing evidence that would hurt you, but that doesn't mean you can actively destroy evidence.

[–] PancakesCantKillMe@lemmy.world 33 points 1 day ago (1 children)

Evidence of what exactly? Was a crime previously committed? Was it the officer's "instincts" that told them so? This is the fun part of authoritarianism, there may have been zero evidence deleted (we don't know), but now the act of wiping it creates a crime they can charge someone with. Bake him away, toys!

[–] frongt@lemmy.zip 9 points 1 day ago (1 children)

It's CBP, probably at the airport, so I don't think you'd find a court saying they exceeded their authority in seizing the phone for search. They have very broad authority.

It's not ethical at all, of course, but it's been perfectly legal for decades, under multiple administrations.

[–] Zaktor@sopuli.xyz 5 points 1 day ago (1 children)

They have broad latitude to initiate searches, but if there isn't a specific crime they're going after you for, you're not destroying evidence. If they're just fishing to see what you have in there, then there isn't evidence being destroyed because they have no way to know whether you erased stuff because you were doing crimes or just didn't want them to see your nudes.

[–] frongt@lemmy.zip 2 points 1 day ago

The standard for a search at a port of entry is lower. I don't know how much it's been tested in court, but that's how they're operating right now.

[–] village604@adultswim.fan 15 points 1 day ago

The real question is when the wipe happened. If it happened after he was informed they were taking the phone as evidence, then that's bad for him.

But otherwise they'd have to convince a jury that he could see the future.

[–] No1@aussie.zone 2 points 1 day ago

If everything is stored in the cloud, he may not have actually destroyed evidence/data.

All the wipe does is remove one access method to the evidence/data.

[–] InternetCitizen2@lemmy.world 4 points 1 day ago

I think things are also a bit dicey when CBP is doing it. As they are a fed agency and pretty much all they do is national security.

[–] tabular@lemmy.world 5 points 23 hours ago

Ya'll have phones?

Maybe I should not, if it can be taken with no articulable reason given.

[–] Tollana1234567@lemmy.today 4 points 1 day ago (2 children)

better of getting a burner phone .

[–] ChromaticMan@lemmy.world 22 points 1 day ago (2 children)
[–] hildegarde@lemmy.blahaj.zone 13 points 1 day ago (1 children)

Samuel Tunick, is described as a local Atlanta activist

not a visitor

[–] mPony@lemmy.world 5 points 1 day ago

They are hunting their own citizens. It's madness.

[–] SaveTheTuaHawk@lemmy.ca 6 points 23 hours ago

CAUT, Canadian Association of University Teachers has a travel warning about going to the US, including:

Do not wipe your phones. Do not carry a burner phone. Anyone who declares they are a Professor will be searched.

The overal advice, which I took, is avoid travel to the US. My NEXUS/GOES cards went to a shredder.

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