"Justice Department" are a bunch of big Poopy Heads

Now I'm a simple guy, one who believes that the Bill of Rights means what it says, and applies even to whack environmentalists who don't like cops.  And so this seems like something that the Courts should swat down:

The U.S. Justice Department is prosecuting an American for allegedly providing U.S. border authorities with a 

The case centers on a feature included in GrapheneOS, a custom Android operating system that runs in place of the software on most modern Google Pixel devices. Tunick’s attorneys confirmed GrapheneOS was running on his phone.

The software feature allows the device owner to set a passcode that deliberately wipes the contents of that device if entered instead of the user’s unlock passcode.

passcode that wiped the contents of his phone, according to an indictment and media reports. 

This is thought to be the first known case in the United States where federal prosecutors have charged someone for the alleged destruction of data using a “duress” password built into a phone’s software.

According to The Guardian, which covered the story earlier this week following the court’s first hearing on Monday, Atlanta resident Samuel Tunick is fighting the charges. Tunick’s attorneys said that it was unlawful for U.S. Customs and Border Protection to seize his phone as he arrived back in the U.S. last year and that any evidence — including the alleged wiping of his phone — should be thrown out.

The Einsteins at DoJ say that the Border Agents didn't need a warrant to search his phone because he "hadn't entered the US" - even though this all took place at Hartsfield Airport in Atlanta.  Oooooooh kaaaaaaay.

It looks like they guy has some pretty high powered legal help - including the Electronic Frontier Foundation - so hopefully the right precedent will get established here: i.e. that the 4th and 5th Amendments mean what they say.

This is all about a software feature called a "Duress Passcode":

The case centers on a feature included in GrapheneOS, a custom Android operating system that runs in place of the software on most modern Google Pixel devices. Tunick’s attorneys confirmed GrapheneOS was running on his phone.

The software feature allows the device owner to set a passcode that deliberately wipes the contents of that device if entered instead of the user’s unlock passcode.

The Border Patrol dudes asked him for his passcode while holding him in durance vile for hours.  Eventually he gave them the Duress Passcode.  

IANAL, but just because he's an activist for anti-cop activities doesn't mean he doesn't have rights.

And yeah, the scare quotes in the post title are intentional.