The U.S. Justice Department is prosecuting Samuel Tunick, an American citizen, for allegedly providing a “duress” passcode to Customs and Border Protection (CBP) agents that wiped his phone during a border search. This case is believed to be the first U.S. federal prosecution involving the use of a duress password—a security feature in GrapheneOS, a custom Android system installed on Pixel phones—that erases a device's data if triggered. Tunick’s attorneys argue that the seizure of his phone at Atlanta’s Hartsfield-Jackson Airport during his return from overseas in January 2025 was unlawful and have filed a motion to suppress the resulting evidence.

Tunick’s legal team contends that CBP agents repeatedly denied him access to an attorney and failed to inform him of his rights during a secondary inspection, while justifying the phone search under suspicion of child exploitation imagery without evidence. Instead, Tunick’s lawyers believe the government’s real interest lies in his association with the environmental group Defend the Atlanta Forest, which opposes the “Cop City” law enforcement training facility in Atlanta. The government’s indictment accuses him of deliberately destroying property to prevent seizure, a rare charge under federal law.

The case raises significant questions about constitutional protections at the U.S. border, where authorities maintain broader powers to search devices without a warrant until entry is officially granted. When Tunick provided the passcode, the phone reportedly blanked the screen and restarted, activating the data wipe feature. Despite this, agents seized the phone and later released Tunick to enter the country. His not guilty plea challenges the government’s interpretation of duress password use as intentional obstruction.

Experts including the Electronic Frontier Foundation and digital security specialists say this prosecution is unprecedented and highlights risks for travelers relying on advanced smartphone security features. They advise planning ahead and securing data before crossing borders to avoid potential legal issues. The Atlanta court is expected to rule on Tunick’s motion to suppress evidence later this year, while the Justice Department has declined public comment on the ongoing case.