cross-posted from: https://lemmy.world/post/40009551
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 [email protected]. 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.
Obstruction of justice is a charge. Destroying evidence to frustrate a criminal investigation that you know about could qualify.
The fifth amendment protection against self incrimination applies to statements. It does not protect actions such as pressing the factory reset buttons on your phone.
I would like to see that argued in court because there is no criminal investigation happening here. It’s basically a fishing expedition. What would they do if you didn’t even bring your phone, charge you? Force you to go back and get it? And if you don’t even have a phone? If they would just let you go if you didn’t have your phone, what is the difference between that and wiping your data?
This is somewhat equivalent to throwing your baggie of drugs out the car window when the cop comes up to your car window when they pulled you over for speeding. You might get a fine for littering. You might still get arrested for the drugs if they find them. But if they can’t, you aren’t being arrested for obstruction of justice.