politics
Agents Just Took Your Phone at the Border. Is It Legal to Wipe It?
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TL;DR
- Samuel Tunick, an activist, is facing felony charges for allegedly wiping his phone with a 'duress password' when questioned by Customs and Border Protection (CBP).
- Tunick's attorneys argue the search was a pretext to investigate his involvement in Stop Cop City protests.
- Court rulings on warrantless phone searches at the border are inconsistent, creating legal ambiguity for travelers.
- The Ninth Circuit ruled law enforcement can use biometrics but not forced passcodes, while the Fourth Circuit ruled border agents can search phones without a warrant.
- A federal judge in New York ruled CBP cannot conduct device searches without a warrant.
- Activists report an increase in device surveillance since Donald Trump's return to office, with concerns that CBP targets critics.
- CBP searched over 55,000 electronic devices in fiscal year 2025, a notable increase.
- Privacy experts suggest backing up and wiping devices *before* traveling to prevent access by federal agents, cautioning against doing so during questioning.