Activist faces federal charge after airport phone search

ATLANTA, Ga. (ANF/Gray News) - An Atlanta activist tied to the “Stop Cop City” movement faces up to five years in federal prison after a January 2025 encounter with Customs and Border Protection (CBP) agents at Hartsfield-Jackson Atlanta International Airport that his attorney calls unconstitutional.

Samuel Tunick was stopped by CBP agents on Jan. 24, 2025, upon returning from the Dominican Republic.

A federal grand jury indicted him Nov. 13, 2025, on one count under Title 18, United States Code, Section 2232(a), alleging he knowingly destroyed, damaged, wasted, disposed of, or otherwise took action to delete the digital contents of a Google Pixel cellular phone for the purpose of preventing the government from taking it into custody.

The interrogation

Court documents show FBI Atlanta Joint Terrorism Task Force and a FBI special agent coordinated with CBP to question and search Tunick as he returned to the United States. CBP placed Tunick in secondary inspection upon his arrival, where CBP’s Tactical Terrorism Response Team questioned him, searched his body and belongings, and demanded the passcode to his phone.

Tunick’s attorneys — Melissa McGrane and Joseph Austin of the Federal Defender Program — said in a motion to suppress filed March 17, 2026, that CBP officers never read Tunick his Miranda rights. According to the motion, Tunick stated early in the interview that he did not want to continue speaking without a lawyer. The motion states officers repeatedly ignored those requests.

Court documents quote one officer telling Tunick: “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 again asked why he could not call his lawyer, officers 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.”

Matthew Dodge, who is also Tunick’s attorney, told Atlanta News First that officers told Tunick they believed he had child pornography on his phone — a claim they later walked back.

“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 motion to suppress states the government’s own reports show no suspicion that Tunick possessed child pornography, and that the actual purpose of his detention was to investigate his ties to the Defend the Atlanta Forest movement.

The phone and the passcode

After multiple requests, Tunick provided a passcode to his cell phone and e-reader. According to the government, when CBP officers entered the password on his Google Pixel phone, “the screen went blank, flashed several times and the phone appeared to restart.” Federal prosecutors allege the passcode — used in connection with a program called GrapheneOS — deleted all contents from the device.

“This passcode wasn’t just a passcode. This passcode wiped his phone,” Dodge said. “That aspect of this case is the very heart of the criminal charge right now. And because it’s pending litigation, we cannot talk about what our defenses might be, but we have a lot of very interesting questions about whether that’s a crime or not.”

Following the phone search, a third officer entered the room to conduct a pat-down of Tunick. Court documents state Tunick said he did not consent to the search of his body but was escorted to another room. That search was not recorded. A Department of Homeland Security agent later arrived with three additional agents and attempted another interview. Tunick declined and pointed to his attorney’s card on the table. The DHS agent told Tunick he was not under arrest and would be free to leave once the other agents were finished with him, according to the motion. His electronic devices were seized, and he was told they would be returned within 30 days.

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Border search authority and the suppression motion

As it stands, CBP agents can conduct routine searches of travelers and their electronic devices at international airports without a warrant or individualized suspicion. The Eleventh Circuit has held that forensic searches of electronic devices at the border are constitutional without a warrant, probable cause, or individualized suspicion, under United States v. Touset (2018).

Tunick’s defense argues that standard should not apply here. The motion to suppress contends that law enforcement coordinated Tunick’s detention before he arrived at the airport specifically to investigate domestic activity connected to the Defend the Atlanta Forest movement — not to intercept contraband at the border. The motion cites rulings from the First, Fourth, and Ninth circuits holding that warrantless border searches cannot be used as a vehicle for general criminal law enforcement.

The defense is also arguing Tunick’s Fifth and Sixth Amendment rights were violated. The motion states that requiring Tunick to provide a passcode during a custodial interrogation — without Miranda warnings and despite repeated requests for an attorney — is sufficiently testimonial to trigger Fifth Amendment protection, citing In re Grand Jury Subpoena Duces Tecum (11th Cir. 2012).

“It’s absolutely unconscionable that law enforcement can stop anyone for no reason at all at any border, including an international airport, and have their way with them,” Dodge said.

A CBP spokesperson told Atlanta News First that less than 0.01 percent of international travelers had their electronic devices searched last year, adding in a statement: “These inspections, including questioning and the rare search of electronic devices, are conducted on a case-by-case basis, taking into account factors such as travel history and law enforcement alerts.”

Stop Cop City connection

In court documents, the defense argues the government was investigating Tunick because of his association with Defend the Atlanta Forest, which opposed the destruction of the South River Forest for the construction of an 85-acre, $115 million police training facility known as the Atlanta Public Safety Training Center. The motion states the government has not put forth evidence that Tunick was involved in criminal activity in connection with the movement.

Tunick said he joined the movement in 2022. By late 2024, he said he believed he was on a 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,” Tunick said.

Tunick said he moved to Atlanta in 2022 and hopes the case yields broader results.

“I hope that fighting this can yield something positive in the larger fight for privacy and against authoritarianism,” Tunick said.

“Do you stand by what you did?” he was asked. “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,” Tunick said.

Where the case stands

An evidentiary hearing on the motion to suppress was held July 20, 2026, before U.S. Magistrate Judge Christopher C. Bly in Atlanta federal court. Three CBP officers testified for the government: Officer Larry Findlay, Chief CBP Officer Jason Thomas Hawkins, and Officer Latoya Castro. The court left the hearing open to supplement additional testimony.

Under the briefing schedule set by the court, Tunick’s post-hearing brief is due Sept. 18, 2026. The government’s response is due Oct. 9, 2026, and Tunick’s reply is due Oct. 23, 2026.

The U.S. Attorney’s Office did not respond to a request for comment. The case is prosecuted by Assistant U.S. Attorney Matthew S. Carrico. Tunick is not charged with any crime in connection with the Defend the Atlanta Forest movement.