Is it illegal to trick the US government into wiping your phone during a questionably legal search?
A Georgia man was charged with a felony for allegedly wiping his phone while being questioned by Customs and Border Protection. Samuel Tunick had something in common with others who have had their devices searched at airports: He was an activist.
Unlike others who have had their phones seized with no explanation, Tunick was told that CBP needed to search his device to determine whether it contained child sexual abuse material, according to court filings. But Tunick’s attorneys argue that the search “was a pretext for a fishing expedition” into his connections with the Stop Cop City protests in Atlanta, in which dozens of people were charged under state RICO laws, which were later dismissed. A few protesters are still facing domestic terrorism and arson cases.
According to a motion to suppress evidence filed in March, Tunick didn’t consent to a search and repeatedly asked to speak to his...
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