US Charges Man for Using 'Duress' Password That Wiped Phone at Border

The U.S. Justice Department has indicted Atlanta resident Samuel Tunick for allegedly providing a passcode to border officials that caused his phone to delete its contents, according to court documents and media reports. This marks the first known case in the United States where federal prosecutors have charged someone for using a so-called "duress" password built into phone software.

Tunick's attorneys argue that U.S. Customs and Border Protection unlawfully seized his phone when he returned to the U.S. last year, and they are seeking to suppress any evidence, including the phone's data wiping. The case centers on GrapheneOS, a custom Android operating system often installed on Google Pixel devices. It includes a feature that allows users to set a special passcode that, when entered, deliberately wipes the device's contents instead of unlocking it.

The indictment alleges that Tunick provided a passcode to border agents that "delete the digital contents" before the phone was confiscated. His attorneys filed a motion to suppress evidence, claiming the detention and seizure were illegal. According to the motion, on January 24, 2025, at Atlanta's Hartsfield-Jackson airport, Tunick was taken to secondary inspection after returning from overseas, but was repeatedly denied access to a lawyer and not informed of his rights.

The defense accuses the government of demanding access to the phone under the pretext of searching for child exploitation material without probable cause, and instead investigating Tunick's connection to the Defend the Atlanta Forest movement, which opposes a police training facility known as "Cop City." Border agents reportedly claimed no warrant was needed because Tunick had not yet legally entered the U.S.

When Tunick provided his passcode and agents entered it, "the screen went blank, flashed several times and the phone appeared to restart." The phone was still seized, and Tunick was told he could proceed. Prosecutors charged him under a federal statute that prohibits knowingly destroying property to prevent its seizure. Tunick has pleaded not guilty.

Security experts said they have never seen such charges before. Bill Budington of the Electronic Frontier Foundation and Runa Sandvik, a digital security consultant, told TechCrunch this is unprecedented. Sandvik noted the case serves as a reminder that authorities may argue you knowingly destroyed data, and suggested travelers should avoid carrying sensitive data across borders. The Atlanta federal court will rule on Tunick's suppression motion later this year. The Justice Department declined to comment.