US citizen charged after phone wiped during CBP inspection

Samuel Tunick, a US citizen residing in Atlanta, is facing a federal obstruction charge after his smartphone's data was erased when U.S. Customs and Border Protection (CBP) agents tried to access it at Hartsfield-Jackson International Airport. The incident occurred when Tunick was detained for secondary inspection and asked to unlock his Google Pixel. Agents warned him they would confiscate the device if he refused.

Tunick provided a passcode that, according to his defense motion, caused the phone's screen to go blank, flicker, and then restart, effectively wiping all digital content before the authorities could examine it. Despite this, agents seized the phone and allowed Tunick to enter the U.S.

A grand jury indicted Tunick in November 2025. He pleaded not guilty, and a hearing was held in July 2026 in a federal court in Atlanta. Prosecutors are invoking a rarely used federal statute that makes it a felony to destroy property to prevent or hinder government seizure. This law can apply before, during, or after a search and carries a maximum penalty of five years in prison.

The prosecution's argument hinges on the intent behind Tunick's actions, asserting he provided the code knowing it would erase the evidence. The defense, however, is challenging the legality of the inspection, arguing Tunick's detention and the phone's seizure were unlawful. They claim agents failed to inform him of his rights and repeatedly denied his requests to speak with an attorney, suggesting the search for material was a pretext.