Jakarta –
An activist from Atlanta, United States, named Samuel Tunick, was charged with destroying evidence after allegedly deleting the entire contents of his cellphone before it could be searched by US Customs and Border Protection (CBP) officers at an airport in the US.
Tunick was charged on November 13, and a warrant for his arrest was issued the same day. The indictment stated that on January 24, Tunick deliberately deleted the data on his Google Pixel cellphone to prevent or hinder government officials from taking over the device as evidence.
It has not been explained in detail why CBP wanted to search Tunick’s cellphone. However, according to the indictment document, the inspection of the device should have been carried out by a supervisory officer from the CBP Tactical Terrorism Response Team, as quoted by detikINET from Techspot, Tuesday (16/12/2025).
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Tunick’s own arrest occurred earlier this month during a traffic check in Atlanta. Based on statements from his supporters, Tunick – who is also known as a musician – was asked to get out of the car because of a problem with the rear lights. He was then handcuffed and surrounded by officers, including from the FBI and the Department of Homeland Security (DHS).
Prosecutors did not request detention before trial. Tunick was acquitted after an initial hearing, although he was prohibited from leaving northern Georgia during the legal process.
Tunick’s supporters consider this arrest to be politically charged. Kamau Franklin, Executive Director of Community Movement Builders, called the charges baseless and accused the criminalization of politics to divert public attention from domestic issues in the US.
This case is an important reminder for the public about the legal consequences of deleting digital data. Many people think that locking or erasing their cell phone is part of their right to privacy. However, according to US federal law, when an electronic device is the target of a lawful seizure or search, deleting its contents can actually be a criminal offense.
In a number of federal laws, digital data is treated on a par with physical documents. Deleting information to prevent officers from obtaining evidence can be charged with obstruction of justice, even if the officers have not fully controlled the device.
This issue is increasingly sensitive at US borders, where CBP has broad authority through border search exceptions. Under certain conditions, agents can examine cellphones without a warrant, and refusing or deleting data has the potential to aggravate the legal problems faced by device owners.
(asj/asj)
