The case centers on Tunick’s use of GrapheneOS, an open-source operating system that works on Google Pixel phones and lets users enter a passcode to wipe a…
The case centers on Tunick’s use of GrapheneOS, an open-source operating system that works on Google Pixel phones and lets users enter a passcode to wipe a…
This case is really strange.
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.
He could just as easily argue he was forced to give the password under duress and accidentally gave them the wrong password.
As such, its highly improper for them to have tried to take data from his phone without a warrant and try to argue he destroyed evidence when he has not been charged with a crime.
Also highly illegal.