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 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.
It’s a scary moment, but I’m very gently optimistic that it will set some good precedent, and that he might have a strong case to counter sue over the blatant infringement of his rights.
What’s the big deal? He did comply, it was the border agents that asked for the phone and password, and was granted both.
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.
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.
The motion also states that Tunick asked four times to speak with a lawyer and was denied each time.
Also highly illegal.
If you have a post-it in the case with this wipe password, would this get around the act of doing it yourself?
It would be very funny if you wrote that this is the wipe password in very fine print.
‘Oh no, you found the secret hidden password. Please, whatever you do, don’t use it!’
I feel like if they’d charge you for doing it they’d also charge you for the general intent
They’ll charge you for anything and everything they think they can.
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Repeated violations of his rights, no warrants, no formal arrest.
Fuck all the way off. Zero case.
