An Atlanta activist linked to the “Stop Cop City” movement could face up to five years in federal prison after being accused of deleting data from his mobile phone during a 2025 encounter with US Customs and Border Protection (CBP) agents.
Samuel Tunick was stopped at Hartsfield-Jackson Atlanta International Airport on January 24, 2025, after returning from the Dominican Republic.
A federal grand jury later indicted him on a charge alleging that he knowingly damaged, deleted or otherwise interfered with the digital contents of a Google Pixel phone to prevent the government from taking control of the device.
According to court filings, Tunick was sent for secondary inspection, where CBP’s Tactical Terrorism Response Team questioned him, searched his belongings and requested the password to his phone.
His lawyers, Melissa McGrane and Joseph Austin of the Federal Defender Program, argue that the questioning violated his constitutional rights. In a March 2026 motion seeking to suppress evidence, they said Tunick was not given Miranda warnings and repeatedly requested to speak with a lawyer.
One officer allegedly told him: “Because you’re refusing to talk, which is your right, we have the authority to go through your phone to see what we’re looking for.”
When Tunick questioned why he could not contact his lawyer, officers allegedly responded: “when it comes to immigration and customs, right, it’s a whole different ballgame . . . and we have search authority; we don’t need a warrant.”
Tunick’s attorney, Matthew Dodge, told Atlanta News First that officers initially claimed they suspected the activist had child pornography on his phone, but later acknowledged they had no basis for that suspicion.
“That was a lie,” Dodge said. “The agents came to court two weeks ago for our court hearing and admitted they had no reason to believe that Sam had child pornography. They made it up as a ruse.”
The defence maintains that the government’s actual interest was Tunick’s alleged connection to the Defend the Atlanta Forest movement, which opposed the construction of the Atlanta Public Safety Training Center.
Dispute Over Phone Passcode
After repeated requests, Tunick eventually provided the passcode to his Google Pixel and an e-reader, according to court documents.
Prosecutors allege that when officers entered the password into the Pixel, “the screen went blank, flashed several times and the phone appeared to restart.”
The government claims the passcode, which was associated with the privacy-focused GrapheneOS operating system, caused the phone’s contents to be erased.
Dodge said the issue is central to the criminal case.
“This passcode wasn’t just a passcode. This passcode wiped his phone,” he said.
Tunick’s devices were subsequently seized, and he was told they would be returned within 30 days.
The defence argues that although border authorities generally have broad powers to search travellers and electronic devices without a warrant, those powers should not be used to investigate unrelated domestic criminal activity.
The lawyers are also challenging the search on Fifth and Sixth Amendment grounds, arguing that forcing Tunick to provide his passcode during custodial questioning without Miranda warnings and after he requested legal representation violated his rights.
Dodge described the situation as “absolutely unconscionable”, arguing that authorities should not be able to stop people at international borders and search them without proper justification.
CBP said fewer than 0.01 per cent of international travellers had their electronic devices searched last year.
The agency said such inspections are conducted “on a case-by-case basis, taking into account factors such as travel history and law enforcement alerts.”
Activist’s Link To ‘Stop Cop City’ Movement
Tunick has acknowledged joining the Defend the Atlanta Forest movement in 2022. The group opposed the clearing of the South River Forest to build the $115 million Atlanta Public Safety Training Center.
His lawyers contend that the government has not presented evidence connecting him to criminal activity associated with the movement.
Tunick said he later became concerned that he had been placed on a government watch list after unexpectedly failing a background check for a job.
“Someone disappeared into a back room for a bit and returned with a Post-it note that said contact FBI,” he said.
Tunick said he hopes his legal battle will have wider implications for privacy rights.
“I hope that fighting this can yield something positive in the larger fight for privacy and against authoritarianism,” he said.
Asked whether he stood by his actions, Tunick responded: “You know, yeah, my life has taken many twists and turns and I’ve continued to stand up for what I believe in, and I have to be proud of that.”
An evidentiary hearing on his motion to suppress evidence was held on July 20, 2026, before US Magistrate Judge Christopher C. Bly in Atlanta federal court.
Three CBP officers testified during the hearing, while the court left the proceedings open for additional testimony.
Tunick’s post-hearing brief is due on September 18, with the government’s response due October 9 and his reply scheduled for October 23.
Tunick has not been charged with any offence connected to the Defend the Atlanta Forest movement.
