The exact circumstances around the search are not known. But activist Samuel Tunick is charged with deleting data from a Google Pixel before CBP’s Tactical Terrorism Response Team could search it.
Details are weird here. The wiping occurred in Jan 2025. I found the indictment which was filed with the court on Nov 13th 2025 linked here
We have almost no details of what happened in Jan 2025 except “Customs and Border Patrol Tactical Terrorism Response Team” was doing something with Tunick in January and Tunick “used a code” to wipe the phone. Then suddenly in November 2025 the US Government filed to have him arrested for that event.
I’m not a legal scholar, but none of these details or timeline makes sense to me. Anyone else have any clue?
It’s not complicated, it’s Border Patrol doing their MAGA duty. The only thing we know about this case is what MAGA tells us, so it’s almost all certainly a lie. Of course the details and timeline don’t make sense, they are probably entirely fabricated.
I don’t disagree, but usually they at least try to present a semi-defensible argument. So far the only thing they elude to is “before or during a time when we were going to perform a search he wiped his own phone”. If its “before” a search then what is even the basis for that being illegal for him to wipe is own property?
I imagine they’re trying to charge him with destruction of evidence. I don’t know how that should go if this were actually a legal proceeding but would certainly hope it would require reasonable suspicion of a specific crime and a search warrant.
Yes, if a person in your situation would reasonably believe that it could be used as evidence.
For example, you murder someone with a knife. A reasonable person in your situation would believe that the knife could be used as evidence. So you could be charged for destruction of evidence if they later discover during the investigation that you destroyed the knife. Even if they don’t have enough to pin you with the murder charge, (for example, maybe you have someone willing to help you get an airtight alibi when the murder occurred), they can still hit you with the destruction of evidence charge if they can prove you destroyed the murder weapon.
But, in that case there’s a crime, there’s a body. I don’t think there’s any underlying assertion of illegality here. If this becomes standard legal practice, that it’s illegal to destroy data in general, all paper shredders would have to be thrown out.
Yeah, but those tries are half-hearted, at best. The excuses will start falling by the wayside until the response is: “Mind yer own fucking business, but since you’re so curious, who the fuck are YOU? Get over here!”
Details are weird here. The wiping occurred in Jan 2025. I found the indictment which was filed with the court on Nov 13th 2025 linked here
We have almost no details of what happened in Jan 2025 except “Customs and Border Patrol Tactical Terrorism Response Team” was doing something with Tunick in January and Tunick “used a code” to wipe the phone. Then suddenly in November 2025 the US Government filed to have him arrested for that event.
I’m not a legal scholar, but none of these details or timeline makes sense to me. Anyone else have any clue?
It’s not complicated, it’s Border Patrol doing their MAGA duty. The only thing we know about this case is what MAGA tells us, so it’s almost all certainly a lie. Of course the details and timeline don’t make sense, they are probably entirely fabricated.
I don’t disagree, but usually they at least try to present a semi-defensible argument. So far the only thing they elude to is “before or during a time when we were going to perform a search he wiped his own phone”. If its “before” a search then what is even the basis for that being illegal for him to wipe is own property?
I imagine they’re trying to charge him with destruction of evidence. I don’t know how that should go if this were actually a legal proceeding but would certainly hope it would require reasonable suspicion of a specific crime and a search warrant.
Can you be charged with destruction of evidence before you’ve even been charged with a crime?
Yes, if a person in your situation would reasonably believe that it could be used as evidence.
For example, you murder someone with a knife. A reasonable person in your situation would believe that the knife could be used as evidence. So you could be charged for destruction of evidence if they later discover during the investigation that you destroyed the knife. Even if they don’t have enough to pin you with the murder charge, (for example, maybe you have someone willing to help you get an airtight alibi when the murder occurred), they can still hit you with the destruction of evidence charge if they can prove you destroyed the murder weapon.
But, in that case there’s a crime, there’s a body. I don’t think there’s any underlying assertion of illegality here. If this becomes standard legal practice, that it’s illegal to destroy data in general, all paper shredders would have to be thrown out.
Yeah, but those tries are half-hearted, at best. The excuses will start falling by the wayside until the response is: “Mind yer own fucking business, but since you’re so curious, who the fuck are YOU? Get over here!”
“Well, you certainly won’t find out from my phone, because I’ve just wiped it”