US prosecutors charge Atlanta man after GrapheneOS phone wipes itself during airport search

Providing a self-destruct code disguised as an unlock passcode to federal agents is an overt act of sabotage, not a passive assertion of privacy. This deceptive action transitions a suspect from non-cooperation into criminal obstruction of justice by intentionally destroying property. A flat refusal to cooperate is legally defensible; active deception is not.

Title 18, United States Code, Section 2232 explicitly criminalizes the destruction or removal of property to prevent its seizure by federal authorities. The law focuses entirely on the intent to prevent seizure, meaning the act of causing the destruction during a lawful stop is the crime itself, regardless of what data was on the phone.

Treating this as anything less than intentional destruction would allow suspects to neutralize evidence mid-search without consequence, which completely undermines a lawful society. Nobody’s rights were trampled here; this suspect made his own bed.
The article says he asked for a Lawyer 4 times and was refused each time, at that point everyone would be very concerned about anything they do or say, including giving the Police access to their phone. This is not Russia, people have Rights and the Right to speak to a Lawyer is not negotiable. Most phones are recoverable thru the 'cloud', this happens when you get a new phone, the old is backed up you then restore the data to the new phone, his data was NOT 'destroyed' just made inaccessible to the Police who had violated his Rights FOUR times.
 
"that makes it a crime to destroy property in an effort to prevent it from being seized. "

what property ? seize what ? it's just ones and zeros, what evidence?

next headline "it's a crime to think".
"that makes it a crime to destroy property in an effort to prevent it from being seized. "

what property ? seize what ? it's just ones and zeros, what evidence?

next headline "it's a crime to think".

You might be joking here, but it's actually no joke. They are already making AI generated images illegal if it depicts anything that anyone could deem terroristic, or "underage nudity". Now, I agree anyone getting off on nudity of kids is sick, it's like, these are fake images. Can you get arrested for drawing a naked baby now? Drawing. Fake. Imagined. Like the statue of David would be considered creating child p*rn. These are the laws being enacted right now. I'm not kidding. It's like whoa, can we stick to where real kids are being exploited and abused, and not become "thought police"? That's more than a slippery slope. With some laws that are currently in place right now, Michelangelo would be in federal prison right now, deemed a child molester, because he made the Statue of David. And he'd most certainly be on the sex offender registry. You think I'm exaggerating? Check the laws that are being enacted lately, and you'll see that I am totally not. And this is the United States of America?
 
Ridiculous. Police have no business routinely looking at anyone's phone or other personal electronics. Completely ridiculous. And cyber security devices that wipe themselves upon this nonsense is a right, not a crime. Police are not gods.
 
Exactly the reason I have a regular every day phone and a burner phone I use when traveling , with distinct email accounts for each , they can seize and search that phone all they want I couldn't care less , just get a ew one at destination in worst case , this overreach is easily avoidable.
 
So much for innocent until proven guilty, and unsurprisingly the armchair lawyers are defending the laws here. The laws need changed for modern tech, or further laws need to be written out so the average citizens have some semblance of a right to privacy.
tourist also get to select their destinations and for me 20 years ago that was enough to say never again do I land in USA .
 
The burden of proof is on the DOJ. They have to prove there was something qualified as evidence present on the device. Incompetent knuckle-draggers.
actually using cloud act they an get this international.tra let data without even a warrant , foreigners data is an open at to US cops , and this is another reason I don't set foot in the US
 
Have they provided any evidence for the reason they detained this individual? Have they provided proof that the evidence existed on his phone and it being wiped leads to destruction of "evidence"?

Why was he denied a lawyer?

Oh, Professor Briefcase has entered the chat,
With six grand examples that are literally that—
Same case, same premise, same conclusion rehearsed,
Change “cats” into “nothing” and pretend you did research.

Example one: briefcase. Example two: briefcase.
Example three: astonishingly, another briefcase.
Example four: briefcase, but this time say “forgot.”
Example five: briefcase. Aristotle, this is not.

Then “just for fun”—guess what? Briefcase again.
You constructed one example and repeated it ten.
You didn’t test the conclusion, you stapled it up front:
“It’s evidence because I called it evidence”—remarkable stunt.

You burn the whole container in every analogy too,
While the actual Pixel still exists when you’re through.
That distinction might matter—that’s part of the debate—
But why discuss digital property when cats can meet their fate?

Pictures of cats in a suitcase. Everybody take notes.
Apparently jurisprudence now requires hypothetical totes.
Empty case? Burn it—evidence. Cats? Evidence too.
No cats? Still evidence. Everything’s evidence to you.

Evidence of guilt, evidence innocent, evidence blank,
Evidence apparently means whatever authorities might yank.
Stretch the noun wide enough to encompass the air,
Then proudly announce that you proved there was property there.

Then comes the confident “open-and-shut” parade
Before a judge has even finished weighing the case.
That is not legal analysis. That is certainty by costume:
Put an allegation in boldface and call it courtroom truth.

“He gave a booby-trap code!”—that is the government claim.
Repeating it louder does not make allegation and finding the same.
Allegation, evidence, conclusion—three different floors;
You took the elevator past two and started opening courtroom doors.

And then there is “lawful authority”—an interesting phrase,
Considering lawfulness is part of what the defense has raised.
Government says border powers. Defense says violation.
Court has not ruled yet—but the briefcase reached salvation.

That is my favourite kind of internet legal display:
“Here are six hypotheticals where I assume I am right anyway.”
Locked locker, burning folder, safe, suitcase, drawer—
Add seventeen containers; the premise is still yours.

You can analogize forever. Analogy is not proof.
Put the Pixel in a pantry. Put the pantry on a roof.
Give the roof a combination. Fill the combination with cats.
You still have not resolved the legal question with that.

And then the condescension: “For those who struggle to read—”
From someone needing six flaming suitcases to explain one deed.
Comprehension is not measured by hypothetical weight;
You do not become a legal scholar by incinerating a crate.

“First example!” Cat pictures.
“Second!” Cat pictures gone.
“Third!” Warrant plus cat pictures.
Please, counselor. Move on.

The entire dissertation fits comfortably in one line:
“I think intentional wiping qualifies under 2232.” Fine.
That is an argument. Debate it. Let the court decide the fit.
You did not need a Briefcase Cinematic Universe for it.

Phase One: Empty Case.
Phase Two: Cats Ablaze.
Phase Three: The Forgotten Combination
in the Multiverse of Phrase.

Coming next summer from the Legal Analogy Studios:
CATCASE VI: THIS TIME THE CONTENTS ARE PHOTOS.
Rated PG-13 for excessive explanation
And one heroic struggle against nuance and condensation.

So spare everyone “open and shut” and “learn how law works”
While the judge is still deciding which arguments have worth.
You did not settle jurisprudence. You typed paragraphs online
Where every hypothetical conveniently agrees with your side.

That is not teaching law.
That is a conclusion wearing props—
Six briefcases, forty cat pictures,
And not one analogy that stops.
 
Providing a self-destruct code disguised as an unlock passcode to federal agents is an overt act of sabotage, not a passive assertion of privacy. This deceptive action transitions a suspect from non-cooperation into criminal obstruction of justice by intentionally destroying property. A flat refusal to cooperate is legally defensible; active deception is not.

Title 18, United States Code, Section 2232 explicitly criminalizes the destruction or removal of property to prevent its seizure by federal authorities. The law focuses entirely on the intent to prevent seizure, meaning the act of causing the destruction during a lawful stop is the crime itself, regardless of what data was on the phone.

Treating this as anything less than intentional destruction would allow suspects to neutralize evidence mid-search without consequence, which completely undermines a lawful society. Nobody’s rights were trampled here; this suspect made his own bed.
Except he was not formally under arrestn he was denied the right to speak to an attorney, and no proper procedure or warrant was presented to access his device. Just looking around for whatever doesn't cut it. He wiped the device but they violated his rights and behaved unconstitutionally to begin with, it could be argued this was no longer a lawful stop.

Anyway we'll see how this goes in court!
 
So aside from whatever else this person had going on, they suspected him of kiddie porn too. There concern was that he went to the D.R. for contact with underage minors, which they believed to be on his phone he wiped. This guy is an absolute POS and anyone defending this behavior, to include wiping evidence of his sick crimes, is absolutely concerning as well.
 
This is where it gets murkier, however he did not state he was arrested. Your Miranda rights are applied if you are questioned after you are arrested, not before. There is a different between detainment and arrest.

If he was detained, but not under arrest, then he can request a lawyer all day, they dont have to actually give him one.

Now, if they DID arrest him, then refuse a lawyer while asking questions, he may have a case to have all the evidence thrown out. But the story doesnt say that happened, and we shouldnt assume it happened if nobody involved has made that claim.

This is dumbest crap. "We're going to lock you in this room and shout abuse and demand information from you for as long as we want, but because we never said we are arresting you we don't have to give you any rights".

Land of the free...
 
Dude sounds like a massive scumbag. With that said I doubt the case wi and deserves what's coming. With that said, I doubt the case will get far, but it's a great way to tie the dude up in legal costs and take him out of action until the feds can come up with a more legitimate prosecution.
In the world if scumbaggery - two can play the game.
 
Sure dude and the nazis were the kindest people in the world. and they gave everybody flowers and candy. Hitler was just a misunderstood angel. /s

"they were voted into power by promising" - promising being the operative word here.
They didn't promise conservatives right-wing ideals. They promised Leftists left-wing ideals. And, while they didn't fill every promise, the ones they did were Leftist goals: high "progressive" taxes on the wealthy, a powerful central government, tight government control of corporations, gun restrictions, expanded access to abortion, a vastly expanded social safety net and welfare state:

"...the Nazi regime expanded social welfare structures, specifically through the National_Socialist_People's_Welfare' (NSV) ... By 1939, the NSV grew to include over 17 million German citizens, becoming the second-largest Nazi mass organization after the German Labour Front. [It] provided old-age insurance, rent supplements, disability benefits, winter relief campaigns (Winterhilfswerk), and loans for married couples [and] Extended mandatory health care insurance to wider segments of the working and middle classes, issuing broader decrees by 1941...."

The Nazis didn't fill their entire Leftist agenda. But what they did fill was Leftt-wing. Sorry to once again prove you wrong.

This is not Russia, people have Rights and the Right to speak to a Lawyer is not negotiable.
Learn the laws of the country you live in. The right to an attorney begins only during custodial police interrogation. For the last 250 years, border stops don't qualify as such.
 
This is dumbest [sic] crap. Land of the free...
It's rather clear to identify who's totality of "international travel" has been limited to one drunken trip to Cancun. Traveling as often as I do, I can't count the number of times I've been pulled aside for additional questioning, for no reason whatsoever except the presence of numerous Soviet-bloc stamps in my passport. This has been the status quo since the nation was founded; the blissfully clueless are hearing this story only because this gentleman decided to commit a crime while being questioned.
 
Providing a self-destruct code disguised as an unlock passcode to federal agents is an overt act of sabotage, not a passive assertion of privacy. This deceptive action transitions a suspect from non-cooperation into criminal obstruction of justice by intentionally destroying property. A flat refusal to cooperate is legally defensible; active deception is not.

Title 18, United States Code, Section 2232 explicitly criminalizes the destruction or removal of property to prevent its seizure by federal authorities. The law focuses entirely on the intent to prevent seizure, meaning the act of causing the destruction during a lawful stop is the crime itself, regardless of what data was on the phone.

Treating this as anything less than intentional destruction would allow suspects to neutralize evidence mid-search without consequence, which completely undermines a lawful society. Nobody’s rights were trampled here; this suspect made his own bed.
Providing a self-destruct code disguised as an unlock passcode to federal agents is an overt act of sabotage, not a passive assertion of privacy. This deceptive action transitions a suspect from non-cooperation into criminal obstruction of justice by intentionally destroying property. A flat refusal to cooperate is legally defensible; active deception is not.

Title 18, United States Code, Section 2232 explicitly criminalizes the destruction or removal of property to prevent its seizure by federal authorities. The law focuses entirely on the intent to prevent seizure, meaning the act of causing the destruction during a lawful stop is the crime itself, regardless of what data was on the phone.

Treating this as anything less than intentional destruction would allow suspects to neutralize evidence mid-search without consequence, which completely undermines a lawful society. Nobody’s rights were trampled here; this suspect made his own bed.

Please re-read the Fourth Amendment. Please learn about probable cause, specific details, and warrants. You seem to be ok having zero liberty and letting the government control your life and thoughts. You are the problem with America.
 
It's digitally pleading the 5th .. They violated two of his rights. If they manufactured charges three. The official Charly started they were"looking for something," which is a fishing expedition and also illegal.
A younger, more idealistic version of myself believed the Internet would drastically reduce ignorance and disinformation. Posts like yours prove just how wrong I was. Let's correct you.

1. The courts are split on whether refusing to provide a passcode is a 5A right, and SCOTUS has not yet ruled. However, all courts agree that providing a self-destruct code is prohibited conduct and generally illegal.

2. Your papers and phone are not "private" at the border. Period. Much case law exists to verify this:


3. The government is allowed to go on "fishing expeditions" during border stops, which include asking your reasons for travel and the contents of all personal property.

Please re-read the Fourth Amendment. Please learn about probable cause, specific details, and warrants.
It takes only seconds with that spanky new tool called "Google" to prove him right, and you wrong. He isn't the problem with America, but your willful ignorance and rejection of reality is. As often as I've been its victim, I'm not a particular fan of the Border Search exception, but it has been the law since the US was founded. You're just now learning of it?
 
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Providing a self-destruct code disguised as an unlock passcode to federal agents is an overt act of sabotage, not a passive assertion of privacy.
Frankly, this one is on the cops. They were dealing with an uncooperative witness/suspect/detainee, and decided to just take the code and plug it into the device.? The cops destroyed that evidence through their incompetence, not the defendant.

Its fairly common for CBP to clone devices that come into their possession (I'll bet this one did get cloned; if not, more incompetence). They didn't need the code right then and there. They should have just wrote down the code, and tried it in a virtual clone of the device. If it worked, great. If not, go back to the device owner and book them for making a false statement, or whatever.

Note: none of this is endorsement of searching citizens at the borders. This is an inditement of their own poor practices and/or training.

Frankly, this smells like they were hoping the code wouldn't work, just so they could make ~that~ the charge and try to establish precedent.
 
It's funny how there are two legal systems. Hillary Clinton was caught using Bleachbit to erase several phones in a way that was worse than this, and absolutely nothing happened to her, no charge, nothing. There are a lot of solid points on both sides of the argument. The thing that I see though is they entered the code, not him, denied him a lawyer, and if he is a US citizen, should have invoked his 4th and 5th amendment rights, which even at the border, he has a legal right to. It will be interesting to see how this pans out in court.
 
Here's what I tell people traveling to the US. While you're connected to data or wifi, make a full backup of your phone that can sit on the cloud. Then factory reset your phone. Then if anyone demands your phone, it's already wiped, therefore nothing could have been destroyed. Once you clear customs just do a restore on your device and you won't have lost anything.
 
I'm surprised the ICE agent did not pull out their gun and shoot him after he gave them the "erase" code.
Luckily for him he's a white guy. ICE agents tend to save their heavy munitions for women getting above their station, 'ayrabs', and foreigners in general.
 
It takes only seconds with that spanky new tool called "Google" to prove him right, and you wrong. He isn't the problem with America, but your willful ignorance and rejection of reality is. As often as I've been its victim, I'm not a particular fan of the Border Search exception, but it has been the law since the US was founded. You're just now learning of it?
Took a few seconds to "Google" it and it proved me right and him wrong. "Papers please" is what's wrong with America and both of you hate having freedom and rights.
 
I'm surprised the ICE agent did not pull out their gun and shoot him after he gave them the "erase" code.
More support for lawlessness and domestic terrorism from the fascist Left. Meanwhile, ICE continues to deport criminals, rapists, child molesters, human traffickers, drug kingpins, and gang members ... along with anyone else who breaks our laws by entering illegally. But if you object, perhaps we can convince ICE to send people like this to your home, instead of back to their place of origin:

"...MS-13 members were charged in the brutal killing of a teenager in Washington, D.C., where the individual was stabbed over 100 times, decapitated, and had his heart removed..."

The cops destroyed that evidence through their incompetence, not the defendant.
I truly wonder what goes through the contorted thought process of backwards logic like this. If an officer accidentally left a pocket knife in reach of an shoplifting suspect and that suspect picked it up and stabbed three people to death, does the error mean the suspect shouldn't be charged with murder?

Frankly, this smells like they were hoping the code wouldn't work, just so they could make ~that~ the charge and try to establish precedent.
Got the tinfoil wrapped real tight today, eh?
 
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Frankly, this one is on the cops. They were dealing with an uncooperative witness/suspect/detainee, and decided to just take the code and plug it into the device.? The cops destroyed that evidence through their incompetence, not the defendant.

Its fairly common for CBP to clone devices that come into their possession (I'll bet this one did get cloned; if not, more incompetence). They didn't need the code right then and there. They should have just wrote down the code, and tried it in a virtual clone of the device. If it worked, great. If not, go back to the device owner and book them for making a false statement, or whatever.

Note: none of this is endorsement of searching citizens at the borders. This is an inditement of their own poor practices and/or training.

Frankly, this smells like they were hoping the code wouldn't work, just so they could make ~that~ the charge and try to establish precedent.
This is a masterclass in being confidently wrong about both technology and the law.

First, you cannot "just clone" a locked, highly encrypted modern phone without the passcode; the hardware security is literally designed to prevent that.

Second, legally, the blame for destroyed evidence falls squarely on the suspect who provided the deceptive self-destruct code, not the officers who used it when supplied.

Inventing a conspiracy theory about agents sabotaging their own case to chase a legal precedent doesn't make you look clever, it just proves you did zero research before typing.
 
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