An American traveler is facing a rare federal charge after prosecutors said he gave border officers a password that erased the contents of his phone while returning to the United States. The incident happened at Hartsfield-Jackson Atlanta International Airport after he returned from a vacation in the Dominican Republic.
Atlanta resident Samuel Tunick was taken to a secondary inspection on January 24, 2025, where U.S. Customs and Border Protection officers asked him to unlock his phone. According to the government, the phone’s screen went blank, flashed several times, and appeared to restart when officers entered the passcode he provided.
The phone was running GrapheneOS, a privacy-focused Android operating system that allows users to create a special duress password. Entering that password instead of the regular unlock code causes the device to erase its data.
Federal prosecutors allege that Tunick deliberately used the feature to prevent authorities from accessing and seizing the contents of his phone. Tunick has pleaded not guilty, and his attorneys argue that the search and seizure were unlawful.
Border Agents Seized the Phone After It Appeared to Restart
Embedded media follows. Please allow a moment for it to load.
According to The Guardian, Tunick asked to speak with a lawyer four times but was denied each time. His defense also said officers did not have a warrant and did not inform him of his legal rights. Government attorneys and the airport agents involved described the questioning as a routine international airport inspection intended to look for prohibited material.
“It’s concerning – and sends the message that [GrapheneOS] is criminal by default,” said Christophe Boutry, a cybersecurity and surveillance expert, according to The Guardian.
The defense claims the officers questioned Tunick about child exploitation imagery as a pretext to investigate his connections to Defend the Atlanta Forest. The environmental movement opposed the construction of Atlanta’s law enforcement training center, commonly known as “Cop City.”
Officers repeatedly asked Tunick to unlock his phone and told him it would be seized if he refused. After the code was entered and the phone appeared to restart, authorities kept the device but allowed Tunick to enter the country.
How a Duress Password Works
GrapheneOS describes itself as a private and secure mobile operating system based on Android. It is available for supported Google Pixel devices and includes several additional security features, including the option to create a duress PIN or password.
When the duress password is entered anywhere the device requests its credentials, the phone and any installed eSIMs are irreversibly wiped. The wipe does not require the phone to restart and cannot be interrupted, according to GrapheneOS. Tunick’s attorneys confirmed that the operating system was installed on his phone at the time of the airport search.
Prosecutors charged Tunick under a federal law that prohibits knowingly destroying or damaging property to prevent the government from taking it into custody. A conviction under the law can carry a prison sentence of up to five years.
Matthew Dodge, an assistant federal public defender representing Tunick, told TechCrunch that it is extremely rare to see the statute used in an indictment. Security experts interviewed by the publication said they had not encountered a similar case involving a duress password.
What Travelers Should Know About Border Phone Searches
U.S. Customs and Border Protection says its officers may search a traveler’s phone, computer or other electronic device during the inspection process. The border-search exception applies at land borders, seaports and international airports.
The Electronic Frontier Foundation explains that Fourth Amendment protections are more limited at the border than elsewhere in the country. However, the organization argues that authorities should be required to obtain a warrant before searching the contents of a traveler’s electronic device.
Tunick’s attorneys have asked the court to suppress the evidence from the airport inspection, including the alleged erasure of his phone. The Guardian reported that the judge is not expected to rule on the motion before the end of October.
TechCrunch added that this is thought to be the first U.S. prosecution involving a duress password. The court must now decide whether evidence from Tunick’s airport inspection can be used against him.
