Source: Garrison Center
by Thomas L Knapp
“[Sam Tunick] was asked for a PIN to unlock his phone for an illegal, warrantless, and unjustified search. He gave the agents a number … a ‘duress code’ which, upon use by an agent, not by Tunick, erased all data on the phone and performed a complete factory reset rather than unlocking the device. Now, Tunick finds himself facing trial on charges of violating 18 US Code §2232, ‘Destruction or removal of property to prevent seizure.’ Two problems with the charge: First, Tunick didn’t destroy or remove anything. The CBP agent who stole his phone did. Second, the law only applies to ‘authorized’ searches and seizures. Absent a warrant issued by a court ‘upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized,’ no such ‘authorization’ exists.” (07/28/26)