Story perspectives

Not-Guilty Plea Highlights CBP Phone Search Constitutionality

7/29/2026

Summary

Story summary

U.S. prosecutors charged Samuel Tunick for erasing his phone with a duress password during a CBP inspection in January 2025, resulting in a not-guilty plea.
CBP can search devices without a warrant; Sean Callagy said forcing a passcode may trigger Fifth Amendment protection.
The ACLU and Electronic Frontier Foundation say smartphones need Fourth Amendment safeguards; Tunick’s lawyers claim the inspection was unlawful, denied counsel, and seek evidence suppression.

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Story summary

U.S. prosecutors charged Samuel Tunick for erasing his phone with a duress password during a CBP inspection in January 2025, resulting in a not-guilty plea.
CBP can search devices without a warrant; Sean Callagy said forcing a passcode may trigger Fifth Amendment protection.
The ACLU and Electronic Frontier Foundation say smartphones need Fourth Amendment safeguards; Tunick’s lawyers claim the inspection was unlawful, denied counsel, and seek evidence suppression.