No. of Recommendations: 1
Samuel Tunick wasn’t just another traveler returning from vacation. He is a well-known Atlanta activist associated with the movement opposing the controversial police training facility known as “Cop City.” His attorneys contend that federal authorities targeted him because of that political activism, not because they had legitimate concerns about what might be on his phone.
According to court filings, Homeland Security circulated Tunick’s name and photograph to a CBP Tactical Terrorism Response Team before his flight landed. An internal email reportedly described him as being investigated for “suspected terrorism activities.” Yet when agents questioned him, they reportedly told him they wanted to search his phone for evidence of child sexual abuse material. His lawyers argue that explanation was merely a pretext—a way of conducting what they describe as a fishing expedition into his political associations and his connections to the Stop Cop City movement.
The government has not publicly explained why Tunick was selected for a device search or what evidence, if any, linked him to criminal activity before he arrived at the airport. That may eventually emerge through litigation. At this stage, all we have are competing claims from prosecutors and the defense.
But one fact is beyond dispute: searches of travelers’ phones are extraordinarily rare. CBP’s own figures show that fewer than one-hundredth of one percent of international travelers have their electronic devices searched. So the fact that Tunick was an activist seems to be very much in play as the explanation for why he was singled out.
I suspect Mr. Tunick will receive some offers of legal counsel. I'm no expert, but this doesn't smell like a lawful search. Time will tell.