The motion also states that Tunick asked four times to speak with a lawyer and was denied each time.

Fuck all the way off. This man did nothing wrong during this interaction, its police that fucked up.

This case is really strange.

The case raises questions about which constitutional rights apply at US borders, including international airports, where authorities have broader search powers.

On the one hand, destroying evidence during an investigation or which someone believes might be linked to one is a generally bad idea. However, to me it seems like the border agents should have had no right to search the phone without a warrant. Seize maybe, but not search. If the search was illegal and the case dismissed (especially since Tunick was not read Miranda which seems to imply there was no arrest?), then I think it would be hard to argue that any evidence was destroyed because the investigation itself would have been performed illegally.

In any case, doing this in a legal search of the phone (with a warrant) is most likely illegal.

What's the big deal? He did comply, it was the border agents that asked for the phone and password, and was granted both.

Repeated violations of his rights, no warrants, no formal arrest.

Fuck all the way off. Zero case.

If you have a post-it in the case with this wipe password, would this get around the act of doing it yourself?

Pretty sure you have to be under arrest for them to be allowed to conduct a search off your person, and have a warrant for them to search the phone.

So the issue is that he entered a code that wiped his data, but what is he entered a code that opened a dummy profile?

IF (extremely huge "if") I ever go to the US, it will be without a phone. I'll just bring a meshcore device for me and whoever accompanies me and a digital camera (thoroughly wiped before going there). I'll add some laptop or handheld (a wiped steam deck could be perfect) just in case I need internet access for something like my bank, but in absolutely no way I'm travelling there with my phone or any kind of personal device that has the slightest portion of my personal data for an asshole to try and find it.

When I recently reentered the country this year there literally was no security process other than scanning my face and my passport at an automated thing. After that, it was just walk on through. No talking with any agents, no search of my carry on bags (at least until going through TSA to fly domestically).

I think people’s checked baggage was heavily scrutinized and scanned, but not any carry on. It was honestly kind of crazy. Like what if I had come from a country with virtually no exit security, and then was not flying domestically after that? I feel it would have been quite easy to smuggle things into the country in that case. Meanwhile they occasionally freak out and force people to let them search their phone? It makes little sense to me

Fascist Fucks Embarrass Everyone Again

this law doesn't cover this context. no warrant, no arrest, no lawyer. if police recrive a warrant for a house and the person on the warrant wiped his phone then he broke the law.

HOWEVER... graphene OS should NOT be a part of the conversation. we will have to putlaw toilets since they can flush away evidence.

Why is GrapheneOS highlighted? Even iPhones wipe and/or lock themselves if somebody tries to access it without permission, and you can probably configure a standard Android phone go do something similar.