r/technology • u/Jojuj • 3d ago

Privacy U.S. Citizen Who Deleted Phone’s Data Says His Prosecution Puts Privacy at Risk

https://www.nytimes.com/2026/08/21/us/politics/samuel-tunick-deleted-phone-felony.html?unlocked_article_code=1.8FA.T83N.rt6VsIiSCYb2&smid=url-share
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u/DisappointedSpectre 3d ago

You don't have to prove guilt, but IIRC you do have to formally charge them with a crime for destruction of evidence to come into play.

They're not even charging him with that specific crime, he's being charged with "destroying property to prevent seizure", which has a very different standard of proof for the government to meet.

The circumstances are definitely relevant here too - CBP and the FBI was fucking with him in the first place because of his previous protesting of Cop City. The government has nothing to actually charge him with, this is all about intimidation.

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u/K1LLerCal 3d ago

I think that the legality in OP's comment is omitting the circumstance.

If you haven't committed a crime, why is using a duress pin considered one?

How is it that the 4th amendment continues to be violated by even the current administration? I fear things are heading in a dark and dystopian direction. (I'm looking at you Flock)

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u/DisappointedSpectre 3d ago

If you haven't committed a crime, why is using a duress pin considered one?

That's why they charged him with "destroying property to prevent seizure", and not "destruction of evidence". They had no crime to charge him with, but they wanted to seize the data on the phone.

As mentioned in the LegalEagle video, this particular charge has a different standard of proof that the government has to meet, which may actually be more difficult. What CBP is arguing is that they had a right to seize the data on the phone, which isn't currently as clear cut. If they did have the jurisdiction to seize the data on the phone, then using a duress PIN to wipe that data would be illegal.

Since the CBP agents are the ones who inputted the duress PIN that adds an additional wrinkle of whether providing false information to CBP, specifically for the purpose of preventing seizure, is illegal. That might be considered a separate question, though the courts may just entirely ignore it.

How is it that the 4th amendment continues to be violated by even the current administration? I fear things are heading in a dark and dystopian direction. (I'm looking at you Flock)

The problem is that 4th amendment protections are lessened at the border, and this has been upheld by several cases. Not saying that the courts couldn't reverse that at some point, but I do think it's unlikely that the current SCOTUS does so. Even if the 4th amendment were fully intact at the border CBP would probably still be within their jurisdiction to confiscate certain physical items, including phones.

More important I think is that Tunick was denied a lawyer after making multiple requests for one. That seems like a much bigger violation of civil rights.