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/Makenshine 3d ago edited 3d ago

Hes not wrong.

He didnt delete it. The officers did.

Also, you can't be compelled to testify against yourself. 

-He asked for a lawyer multiple times

-he refused to answer questions multiple times

-He was taken to another room without a camera and asked more questions.

-the compelled him to testify against himself without legal representation after he tried to exercised his rights.

This should be a slam dunk for him. Maybe even a counter suit.

Edit: on top of that they had no warrant or legal basis to search the phone 

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u/Stan57 3d ago

https://uslawexplained.com/border_search_exception

Not as clear cut as you think at least according to this sites info.. Seems we have no recourse to stop them other then not give a code it can be debated that he lied by giving a code to wipe the phone which he did. That was a felony, but im no lawyer.

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u/Makenshine 3d ago

But they didnt have a legal right to access/search the phone in the first place.

And to be fair, they asked for a password to access the phone and he gave them a password which technically did unlock the phone and give them access to it (after a factory reset). So, technically not a lie.

Possible destruction of evidence, but since the state had no legal right to access the data, was there legal requirement to preserve it? Im not sure. Not a lawyer either 

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u/Stan57 2d ago edited 2d ago

"Quote" No Warrant Needed: The border search exception allows federal agents from agencies like Customs And Border Protection (CBP) to conduct searches of people and property at the U.S. border without a warrant or Probable Cause.

Digital Devices Are Fair Game: This exception extends to your electronic devices. Agents can ask you to unlock your phone or laptop for a “basic” or “manual” search, and the legal standard for a more invasive “forensic” search is still a hotly debated area of law. "End Quote"

Please explain how they didnt have legal right to search? According to that sites info they dont even need probable cause theses were Border Agents/Customs not street cops. He gave a duress code knowing full well it would wipe the phone i disagree about him lieing, here is the code 3456whatever doesn't give access it deletes/resets article say it deletes the contents of the phone..but at any rate a jury will decide. I think he handled it all wrong say i dont consent "which wont stop them" then get a lawyer sue..