60 comments

  • 34679 23 minutes ago

    Amendment 4:

    "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

    Amendment 5:

    "..nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

      gruez 18 minutes ago

      >Amendment 4:

      He was charged for destroying evidence, not refusing a search

      >Amendment 5:

      Destroying evidence isn't testimony. Moreover he would have been in the clear if he just kept his mouth shut.

        Varelion 14 minutes ago

        You wouldn't catch me making a defense case for obese nazis.

          gruez 8 minutes ago

          Please try again with an actual argument rather than attacking people based on which "side" I'm on.

            Humorist2290 3 minutes ago

            Is there any question the person who was baselessly charged with CSAM, then terrorism when they realized it was so obviously untenable, as a pretense to detain him would've been treated differently if he were on a different "side"?

            Varelion 5 minutes ago

            If you missed what the actual argument was, you're already too far gone to have a conversation with.

              gruez 3 minutes ago

              "obese nazis"?

        krapp 11 minutes ago

        "Evidence" of what, exactly? What specific crime did they expect to find evidence of on his phone?

        josefritzishere 9 minutes ago

        Evidence of what? Destroying evidence assumes he is guilty of a crime which there be evidence of. Our system is predicated on an assumption of innocence. The normal threshold to accuse is a "reasonable, articulable suspicion." Theis does not meet that criteria.

      robviren 10 minutes ago

      But the bar for hauling someone to court and defacto punishing them financially and smearing them in the eyes of the public is so low. And the path to getting compensation for wrongful prosecution so fraught. What an easy tool the justice system is to punish uppity citizens thinking they don't have a king.

  • neom 25 minutes ago

    Legal Eagle just covered this, it's quite interesting analysis: https://www.youtube.com/watch?v=_2rokxux5cU

      knute a minute ago

      The guy from Game Changer?

      bena 14 minutes ago

      Not even a minute in. "Oh, he's protesting Cop City, got it. This is just police harassment."

  • phoghed 12 minutes ago

    Seems like it would be better to have a truecrypt type of situation, where if you put in a certain pin, then it just logs you into a separate OS with nothing you want to hide.

    Obviously have the duress pin if what’s in your phone is worse than the obstruction charges too.

  • floathub an hour ago

    According to the article, he was actually using GrapheneOS and gave the border official the Duress PIN. So I guess technically it was the official that erased the data :-)

      spacebanana7 23 minutes ago

      I wonder whether it'd be better for a duress PIN to delete existing data and also create a semi plausible artificial profile to hide the deletion event.

      nkrisc 18 minutes ago

      I don’t think that would fly as a defense in court.

        phoghed 14 minutes ago

        He’ll just have to pray the scene wasn’t recorded and his real PIN was one digit off

      gruez 42 minutes ago

      "I wired a bomb to the safe which triggers if you enter a given code. When the police asked me for the safes code I gave them that code, so it was technically the cop that killed himself and his colleagues"

      Or even

      "A soldier stepped on a landmine but since it was his footsteps that triggered the mine he technically killed himself"

        hamper653 35 minutes ago

        There is a difference between exploding a bomb and deleting your data. One is a crime.

          mc32 19 minutes ago

          Intentional destruction of evidence is also a crime. Now, whether this applies to this scenario I suppose will have to be determined by the courts.

          Destroying potential evidence before suspicion is not a crime. Destroying it once under suspicion is a crime. So anyone can destroy their data at their hotel room even just before entry even if the data contains evidence of crimes. Of course the courts could take that into evidence to support the argument that there were crimes but it would not be a crime in and of itself.

            ComputerPerson 10 minutes ago

            Great comment. Wish it was the top one so I didn't have to read through the others to get here.

            Do you have thoughts as to how the courts would debate the deletion that you could present on a similar intellectual plane?

          gruez 21 minutes ago

          >There is a difference between exploding a bomb

          Mines (in wars, as implied by "solider") aren't illegal. Also even for the first example there are certainly improvised explosives you can set up that isn't criminal to create or set off, fireworks for instance. Same with a barrel of gasoline. It's certainly a crime to use it to kill someone, but that's my point. By OP's logic it's not the person who set it up's fault, it's the person who triggered it.

            LoganDark 10 minutes ago

            If you set up a device to explode once someone enters the room, it doesn't matter who set it off by entering the room if they had no idea the room would blow up.

            I don't think it'll be very easy to get out of liability in this case. The duress PIN is a feature explicitly designed to delete all data when it is entered, especially in cases of coercion like this. There would be more plausible deniability if officers had simply discovered it somewhere and tried it on their own, but in this case it was provided directly in place of the real PIN.

          LoganDark 24 minutes ago

          Deleting your data is absolutely a crime when the authorities could've wanted whatever it was you deleted -- even if they hadn't told you yet, and even if you didn't realize at the time. It stands to reason that providing a duress PIN that deletes your data when entered would be a crime as well, if said data is of interest.

          Not to say that I personally agree with either of those cases. But what is considered crime can get pretty unfair when it comes to the authorities thinking you did something wrong.

            bdangubic 19 minutes ago

            Can you provide a statute number for this crime please? Any federal or even state statute will do

              someothherguyy 2 minutes ago
              LoganDark a minute ago

              There is a federal criminal provision, 18 U.S.C. § 1519 (destruction, alteration, or falsification of records in federal investigations)

              > Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

              That covers the first part of my comment. As for the second part, there is 18 U.S.C. § 2232(a) (destruction or removal of property to prevent seizure)

              > Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government's lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be fined under this title or imprisoned not more than 5 years, or both.

              IANAL, but the data on the device can be considered property under seizure, and the act of providing the duress PIN in place of the real one can be considered an action for the purpose of preventing the government from continuing to hold that data under its control

              gruez 17 minutes ago
                bdangubic 6 minutes ago

                First, that is not an actual statute and second exactly what "evidence" is my phone, evidence of what exactly?

        35 minutes ago
        [deleted]
  • yellow_lead 27 minutes ago
  • quickthrowman 10 minutes ago

    Would it be permissible to wipe your phone before going through customs to get back into the US? If they ask to search your already wiped phone, you aren’t destroying any evidence.

  • amazingamazing 17 minutes ago

    If the government wants you no amount of technical gotchas will prevent this.

  • pjc50 36 minutes ago

    Paywalled, but what is the actual charge? Is it some extremely generic "obstructing an investigation" one? The US is quite good about making court documents available on line, if someone can find it.

      hoppyhoppy2 34 minutes ago

      The article says he was charged with obstruction.

      You can try this "gift link" to the article: https://www.nytimes.com/2026/08/21/us/politics/samuel-tunick...

        floathub 26 minutes ago

        He is charged with obstruction, but under domestic terrorism (as defined by a national security presidential memorandum).

        hamper653 33 minutes ago

        Obstruction to what though?

          c0l0 24 minutes ago

          Injustice ;)

          stymaar 22 minutes ago

          Illegitimate abuse of border control power to restrict freedom of speech.

      jeroenhd 33 minutes ago

      Knowingly providing a PIN that would erase evidence is going to get tough in court.

      But the man was also hated by the cops because of his activism. They were going to catch him for something, some day. This incident just provided the necessary excuse to lock him up.

        hamper653 32 minutes ago

        Evidence of what?

          jeroenhd 16 minutes ago

          Whatever they claimed they needed access for his phone to. Probably nothing serious that would be worth more than a fine, if anything. But now they've got him for deleting evidence, which is pretty bad.

        gonzalohm 31 minutes ago

        How can they prove that? What if it was a glitch?

          jeroenhd 13 minutes ago

          That shouldn't be too hard. Get someone from Google or someone with any tech knowledge to explain to the judge how phones normally work, what encryption keys are, the implications of wiping an encryption key, and then get someone to show the difference between entering a normal PIN wrong several times and entering the duress PIN. You just need to convince the jury (or judge, if there is no jury for whatever reason).

          People have gone to jail or have been executed for less than a glitch. Theoretically a highly charged particle from space could've messed with exactly the right transistors exactly when entering the correct PIN and trigger the wipe process. There is no way to prove that didn't happen. But you don't need that kind of proof.

        bdangubic 24 minutes ago

        > They were going to catch him for something, some day. This incident just provided the necessary excuse to lock him up

        funny reading this (don't disagree) and then also reading on HN how China is "bad" this is some gestapo shit but not surprising that it is getting normalised ...

          jeroenhd 8 minutes ago

          China is strictly worse than the USA when it comes to border controls. That doesn't mean the USA is good or acceptable in any way; these laws are part of the reason why I don't plan on visiting the country. The USA also has much worse laws on the books, like having to give the authorities your social media passwords to check if you're secretly a terrorist (though that doesn't apply to citizens).

          Excessive border patrol power has been around in the USA for ages now, it's all part of the post-9/11 package. I don't think many Americans even know they live in a zone where the border police can do shit like this, even if they haven't left the country, as international airports are usually near big cities, and they have a wide border zone around them. This stuff only really makes it into the news when it happens to one of the "good guys".

          deaux 12 minutes ago

          China is indeed "bad" for the gestapo shit. The difference is that China's gestapo shit comes with benefits for the common man too, whereas in the US the gestapo shit only serves the inner circle at the top of the regime with zero benefits to 99% of the populace.

          13 minutes ago
          [deleted]
      owlninja 34 minutes ago
  • jmclnx 31 minutes ago

    Yet another case that will waste the court's time and money. All this is doing is keeping defense lawyers pocket's lined.

    At this point, people should buy a burner phone when going to/from the US. In that phone only have a couple of phone numbers and that's it.

      Sharlin 27 minutes ago

      Oh, they may well give you bad time if your phone looks like a burner with too little content.

        GJim 6 minutes ago

        > Oh, they may well give you bad time if your phone looks like a burner with too little content.

        Issuing 'burner phones' and laptops to staff visiting countries such as China or the USA is now SOP for many companies handling sensitive data, including mine.

        Don't think this isn't unusual.

        iamnothere 20 minutes ago

        If you are a citizen it doesn’t matter. They have to let you in.

        skinfaxi 20 minutes ago

        If you are a citizen like this person is then you can tell them to fuck off, they can keep the phone, and they have to let you in.

          nucleardog 18 minutes ago

          They have to let you in. Doesn't mean they have to let you roam the country freely. They can just send you to some form of detention.

            iamnothere 14 minutes ago

            That isn’t true. They can detain you briefly for questioning at the border, but if there is no crime then you will be released. Feel free to dig into historical court cases about border detention if you disagree.

            If you get charged with a crime, things are very different.

        bdangubic 15 minutes ago

        They won't unless you are already on "their list" My phone basically looks like a burner phone, I do not use social media, do not install apps, my iphone fits (with room to spare) all "apps" on a "single page." I just call and text from my phone and have a browser and maps and that is basically it.

      ramgine 18 minutes ago

      Think it’s better to travel without a phone at all and buy one when arriving in the us? Problematic I guess with everything being digital

      iamnothere 17 minutes ago

      Also, you might accidentally drop your burner in the lake/ocean before you return. It happens!