AMERICAN WIPES PHONE AT BORDER AND NOW FACES 5 YEARS IN JAIL

@bradbernsteinlaw

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Why it worked

The video effectively uses a shocking and relatable scenario (border search, potential jail time) to draw viewers in. It then provides a clear, concise explanation of a complex legal issue, making it informative and shareable.

Summary

An American citizen faces potential jail time after wiping his phone at the border when immigration officers attempted to search it. While the government argues this constitutes destruction of property under a specific statute, the defense claims the detention and seizure were unlawful and politically motivated. The case highlights the complex legal landscape surrounding digital data searches at the border, especially for U.S. citizens.

Structure

1American citizen wipes phone at border
2Charged with felony for destroying data
3

Original caption

If you travel internationally with a cellphone, you need to understand how much authority Customs and Border Protection has when you return to the United States. At an international airport, CBP can generally conduct a basic manual search of information stored on your phone without a warrant or any suspicion, even if you are an American citizen. But citizenship still matters. CBP cannot deny a confirmed U.S. citizen entry simply because officers cannot inspect the person’s phone. Officers may delay and question the traveler, search belongings, and hold the phone for further examination, but they cannot exclude the citizen or send the citizen back for refusing access alone. Federal prosecutors allege that American citizen Samuel Tunick went further. They claim he supplied a special duress passcode that caused his phone’s data to be erased while CBP was attempting to seize it. He now faces a federal felony carrying up to five years in prison. Declining to unlock a phone and deliberately causing its data to be destroyed are two legally different actions. Tunick has been charged, not convicted. The government must still prove that the seizure was lawful and that he specifically intended to defeat it. For assistance with an immigration matter, contact: Law Offices of Spar & Bernstein, P.C. 45 Broadway, 15th Floor New York, New York 10006 Telephone: 212-227-8933 Website: www.lawsb.com This video provides general legal information and is not individual legal advice. #TravelTips #KnowYourRights #breakingnews #travel #ImmigrationLawyer

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On-screen text

AMERICAN WIPES PHONE AT BORDER AND NOW FACES 5 YEARS IN JAIL AN AMERICAN CITIZEN WIPED HIS PHONE CLEAN AT THE BORDER WHEN IMMIGRATION TRIED AND NOW THE FEDERAL GOVERNMENT IS CHARGING THAT AMERICAN WITH A FELONY HIM IN JAIL FIVE YEARS. THIS IS ABSOLUTELY TRUE. FEDERAL PROSECUTORS HAVE CHARGED SAMUEL TUNIC, CITIZEN, AFTER CUSTOMS OFFICERS ENTERED A PASSCODE HE PROVIDED PXEL ALLEGEDLY ERASED ALL OF ITS DATA. TUNIC WAS RETURNING FROM THE D.R. THROUGH ATLANTA. HIS PHONE REPORTEDLY RAN A TYPE OF SELF DESTRUCT SOFTWARE WHICH ALLOWS USERS TO CREATE A SEPARATE DURESS CREDENTIAL THAT WIPES THE DEVICE INSTEAD OF UNLOCKING IT. TUNIC WAS INDICTED UNDER 18USC2230(A) A LAW THAT'S BARELY EVER USED. IT PROHIBITS THE DESTRUCTION OR REMOVAL OF PROPERTY TO PREVENT A LAWFUL GOVERNMENT SEIZURE. NOW, THE PROSECUTION'S THEORY IS THAT MERELY THE CONTAINER. THE DIGITAL DATA WAS THE PROPERTY, AND TUNIC KNOWINGLY CAUSED THAT PROPERTY TO BE DESTROYED WHILE THE OFFICERS WERE TRYING TO SEIZE IT. THE GOVERNMENT DOESN'T HAVE TO PROVE THAT THE PHONE CONTAINED ANYTHING ILLEGAL. THE WIPING OF THE PHONE IS NOW, TUNIC'S LAWYERS ARGUE THAT THE DETENTION COMPLETELY UNLAWFUL. BECAUSE OF HIS POLITICAL ACTIVISM. GIVEN HIS MIRANDA WARNINGS AND CERTAINLY WASN'T GIVEN ACCESS TO AN ATTORNEY. NOW, WHAT EVERYONE HAS TO UNDERSTAND BP. UPDATED THEIR RULES FOR PHONE SEARCHES IN EARLY 2026, AND THE NEW RULE SAYS C CAN REFER ANY TRAVELLER, INCLUDING A CITIZEN, TO SECONDARY INSPECTION WITHOUT ANY SUSPICION. A BASIC MANUAL PHONE SEARCH CAN BE CONDUCTED WITHOUT WITHOUT PROBABLE CAUSE, WITHOUT SUSPICION. UNDER CURRENT C BP POLICY, AN ADVANCED FORENSIC SEARCH REQUIRES REASONABLE SUSPICION OR A NATIONAL SECURITY CONCERN PLUS SUPERVISORY APPROVAL. BUT IN ATLANTA, THERE'S SPECIAL RULES, AND THERE'S BINDING PRECEDENT FROM THE 11TH CIRCUIT THAT SAYS THE CONSTITUTION ITSELF DOES NOT REQUIRE SUSPICION, EVEN FOR A FORENSIC BORDER SEARCH. AND THAT'S WHY THE GOVERNMENT CAN TAKE YOUR PHONE, ESPECIALLY IN ATLANTA, HOCK UP WIRES AND DOWNLOAD STUFF. CITIZEN DOES NOT UNLOCK THE PHONE, CBP, UNDER THE NEW RULES, DEVICE, DELAY YOUR INSPECTION. BUT BECAUSE YOU'RE A CITIZEN, BE ALLOWED INTO THE UNITED STATES. NOW, FOR TUNIC, THE CRITICAL ISSUE IS INTENT. INSTALLING SOFTWARE OR A DURESS PASSCODE IS NOT ILLEGAL. ORDINARY DELETION FOR PRIVACY IS ALSO NOT ILLEGAL. SO IF HE DELETED THE PHONE GOT ON THE PLANE, AND THEN ENTERED THE CUSTOMS AREA, DO WRONG? NOTHING. BUT THE STATUTE EXPRESSLY COVERS CONDUCT BEFORE, DURING, OR AFTER SO IF YOU KNOW A SEARCH IS ABOUT TO HAPPEN, YOU NOW CAN'T DELETE YOUR PHONE. NOW, TUNIC HAS BUT NOT CONVICTED GOVERNMENT STILL HAS TO PROVE THE SEIZURE WAS LAWFUL AND THAT HE INTENDED TO DEFEAT IT. WHAT YOU THINK OF THIS CASE.

Transcript

AN AMERICAN CITIZEN WIPED HIS PHONE CLEAN AT THE BORDER WHEN IMMIGRATION TRIED AND NOW THE FEDERAL GOVERNMENT IS CHARGING THAT AMERICAN WITH A FELONY HIM IN JAIL FIVE YEARS. THIS IS ABSOLUTELY TRUE. FEDERAL PROSECUTORS HAVE CHARGED SAMUEL TUNIC, CITIZEN, AFTER CUSTOMS OFFICERS ENTERED A PASSCODE HE PROVIDED PXEL ALLEGEDLY ERASED ALL OF ITS DATA. TUNIC WAS RETURNING FROM THE D.R. THROUGH ATLANTA. HIS PHONE REPORTEDLY RAN A TYPE OF SELF DESTRUCT SOFTWARE WHICH ALLOWS USERS TO CREATE A SEPARATE DURESS CREDENTIAL THAT WIPES THE DEVICE INSTEAD OF UNLOCKING IT. TUNIC WAS INDICTED UNDER 18USC2230(A) A LAW THAT'S BARELY EVER USED. IT PROHIBITS THE DESTRUCTION OR REMOVAL OF PROPERTY TO PREVENT A LAWFUL GOVERNMENT SEIZURE. NOW, THE PROSECUTION'S THEORY IS THAT MERELY THE CONTAINER. THE DIGITAL DATA WAS THE PROPERTY, AND TUNIC KNOWINGLY CAUSED THAT PROPERTY TO BE DESTROYED WHILE THE OFFICERS WERE TRYING TO SEIZE IT. THE GOVERNMENT DOESN'T HAVE TO PROVE THAT THE PHONE CONTAINED ANYTHING ILLEGAL. THE WIPING OF THE PHONE IS NOW, TUNIC'S LAWYERS ARGUE THAT THE DETENTION COMPLETELY UNLAWFUL. BECAUSE OF HIS POLITICAL ACTIVISM. GIVEN HIS MIRANDA WARNINGS AND CERTAINLY WASN'T GIVEN ACCESS TO AN ATTORNEY. NOW, WHAT EVERYONE HAS TO UNDERSTAND BP. UPDATED THEIR RULES FOR PHONE SEARCHES IN EARLY 2026, AND THE NEW RULE SAYS C CAN REFER ANY TRAVELLER, INCLUDING A CITIZEN, TO SECONDARY INSPECTION WITHOUT ANY SUSPICION. A BASIC MANUAL PHONE SEARCH CAN BE CONDUCTED WITHOUT WITHOUT PROBABLE CAUSE, WITHOUT SUSPICION. UNDER CURRENT C BP POLICY, AN ADVANCED FORENSIC SEARCH REQUIRES REASONABLE SUSPICION OR A NATIONAL SECURITY CONCERN PLUS SUPERVISORY APPROVAL. BUT IN ATLANTA, THERE'S SPECIAL RULES, AND THERE'S BINDING PRECEDENT FROM THE 11TH CIRCUIT THAT SAYS THE CONSTITUTION ITSELF DOES NOT REQUIRE SUSPICION, EVEN FOR A FORENSIC BORDER SEARCH. AND THAT'S WHY THE GOVERNMENT CAN TAKE YOUR PHONE, ESPECIALLY IN ATLANTA, HOCK UP WIRES AND DOWNLOAD STUFF. CITIZEN DOES NOT UNLOCK THE PHONE, CBP, UNDER THE NEW RULES, DEVICE, DELAY YOUR INSPECTION. BUT BECAUSE YOU'RE A CITIZEN, BE ALLOWED INTO THE UNITED STATES. NOW, FOR TUNIC, THE CRITICAL ISSUE IS INTENT. INSTALLING SOFTWARE OR A DURESS PASSCODE IS NOT ILLEGAL. ORDINARY DELETION FOR PRIVACY IS ALSO NOT ILLEGAL. SO IF HE DELETED THE PHONE GOT ON THE PLANE, AND THEN ENTERED THE CUSTOMS AREA, DO WRONG? NOTHING. BUT THE STATUTE EXPRESSLY COVERS CONDUCT BEFORE, DURING, OR AFTER SO IF YOU KNOW A SEARCH IS ABOUT TO HAPPEN, YOU NOW CAN'T DELETE YOUR PHONE. NOW, TUNIC HAS BUT NOT CONVICTED GOVERNMENT STILL HAS TO PROVE THE SEIZURE WAS LAWFUL AND THAT HE INTENDED TO DEFEAT IT. WHAT YOU THINK OF THIS CASE.