Samuel Tunick, an Atlanta resident and US citizen, was charged under 18 U.S.C. § 2232(a), which makes it a crime to destroy or damage property to prevent the government from seizing it. The offense carries up to five years. He has pleaded not guilty and is seeking to suppress the government's evidence, arguing the search and seizure that produced it were unlawful. A ruling is not expected before the end of October.

Tunick was returning from vacation on January 24, 2025, when Customs and Border Protection pulled him into secondary inspection at Hartsfield-Jackson Atlanta International Airport. According to his motion to suppress, agents demanded access to his phone on the stated suspicion that it contained child exploitation imagery, without offering evidence to support that suspicion. They told him they did not need a warrant because he had not yet crossed into the country - the government's long-standing position that arriving travelers are not on US soil until admitted.

His lawyers say he asked for an attorney repeatedly and was refused, and that he was never advised of his rights.

Tunick provided a passcode. An officer entered it. The screen went dark, flashed repeatedly, and the device restarted with its contents gone. Agents seized the phone anyway and told him he was free to enter the country.

The indictment, returned in the Northern District of Georgia, alleges he knowingly destroyed, damaged, wasted, disposed of or otherwise acted to delete the phone's digital contents in order to impair the government's lawful authority to take the property into its custody. The document contains the typo "Untied States Code."

At a hearing last Monday, a Justice Department attorney and the agents who ran the stop characterized the encounter as an ordinary airport inspection. They were looking for "anything that's prohibited," CBP officer Larry Findley testified.

What Preceded The Stop

Three hours before Tunick's plane landed, a Homeland Security agent circulated an email carrying his name and photograph and stating that he was under investigation for suspected terrorism activities. It went to agents on CBP's tactical terrorism response team and to an officer with the FBI's Atlanta joint terrorism task force, according to The Guardian, which first reported the case.