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The Atlantic·4 min read·medium

A Cellphone Is Not a Suitcase

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Adam Serwer
A Cellphone Is Not a Suitcase
✦AI Summary

The article examines the legal controversy surrounding the 'border exception' to the Fourth Amendment, which allows federal agents to search electronic devices without a warrant. It highlights the case of an activist charged with destruction of evidence after wiping his phone during a border inspection.

Why it matters

It raises critical questions about digital privacy rights and the extent of government authority at international borders in the modern era.

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The government should need a warrant to look in your phone.

Illustration by Jonelle Afurong / The Atlantic. Sources: Pavlo Stavnichuk / Getty; Prasert Krainukul / Getty. August 5, 2026, 10:40 AM ET Share Save Last year, an Atlanta activist, Samuel Tunick, caught a felony charge for something that Americans are free to do anytime: He wiped the data from his phone. The only problem was that he did it by providing a federal agent in an airport with a “duress password” that, rather than unlock the device so the agent could search it, deleted its contents.

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