A man has been charged with destruction of evidence after allegedly erasing the contents of his phone before a Customs and Border Protection (CBP) agent could search it. It's unclear why CBP wanted to search Atlanta-based activist Samuel Tunick's Google Pixel.
Tunick was arrested earlier this month during a traffic stop in Atlanta. According to a statement issued by his supporters, the musician was asked to step out of the car to observe an issue with the tail light. He was handcuffed by the officer and surrounded by the FBI and DHS.According to the indictment, the phone was supposed to be searched by a supervisory officer from a CBP Tactical Terrorism Response Team.
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Many Americans assume that if they wipe a phone or lock it with strong encryption, they're simply exercising their privacy rights. But the moment an electronic device becomes the target of a lawful federal search or seizure, erasing it can itself constitute a crime – even if agents haven't yet obtained physical possession of it.
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