One of the unfortunate quirks of the American system is that you can't lie to the government, but the government can lie to you. Samuel Tunick found himself on the receiving end of this setup last year at Atlanta International Airport. When agents from the Department of Homeland Security (DHS) asked for his phone password, he allegedly gave them a self-destruct code that wiped his data. Tunick now faces five years in prison for destroying evidence.

It turns out that the feds were lying to Tunick the entire time. A new court filing, first reported by 404 Media, shows that the DHS had sent out an order to seize Tunick's phone over his involvement in environmentalist protests in Atlanta. When he landed at the airport, however, agents told Tunick that they were looking for "kiddie porn" and he would be allowed to leave with his phone if he cooperated. They also repeatedly denied him access to his lawyer when he asked.

"There can be no real debate that if law enforcement had acted similarly elsewhere in Atlanta, their actions would be unconstitutional. But the government says it was entitled to act this way because Mr. Tunick was returning from an international vacation" in the Dominican Republic, his lawyers wrote in the filing, which includes internal DHS communications and excerpts from his interrogation video.

U.S. law recognizes a "border exception" to Fourth Amendment privacy rights, allowing federal agents to search incoming travelers for contraband. U.S. Customs and Border Protection (CBP) claims that this exemption also allows them to hold travelers for questioning and search their electronic data. Tunick's case reveals just how widely the agency stretches this loophole.

A few hours before Tunick landed, Homeland Security Investigations (HSI) agent Travis Mcghie emailed the CBP station in Atlanta with his photo and information, stating that he is under investigation for "suspected terrorist activities." (Tunick is involved in Save the Atlanta Forest, also known as Stop Cop City, a protest movement against a local police training center.) The email asked CBP to "conduct a 100% baggage exam, retain all electronics and collect passcodes," stating that the HSI will be at the airport to conduct an interrogation.

Pulled into the secondary screening room, Tunick "almost immediately" told CBP officers that "I don't really want to speak without a lawyer any more," according to the filing, which cites the interrogation tape. He would ask for a lawyer multiple times.

The agents asked Tunick if he had "kiddie porn" on his phone and stated that "because you're refusing to talk, we have the authority to go through your phone to see what we're looking for." One of them, Latoya Castro, told Tunick that "either you can give us your password so that we can go through it no problem, or you can refuse to do that, unfortunately, we will have to seize your phone."

Both of those statements were a lie, of course. The HSI's email had asked CBP to take Tunick's phone, whether or not he cooperated.

The lie about child porn may not only have been meant to intimidate Tunick. While there are contradictory lower court rulings about the border search exemption, some courts have ruled that the CBP can only search electronics for "digital contraband," or files that are themselves illegal. A search for child sex abuse material would be on stronger legal ground than a search for mere evidence of other crimes.

Tunick was using GrapheneOS, a secure phone system that allows users to set both a real password and a "duress password" that wipes out all data when entered. The interrogation tape shows his phone appearing to reset after he gave the officers a passcode. HSI agent Nathan Burnham and FBI agent Andrea Coble then entered the room.

"You are not under arrest. Once these gentlemen are done with you, pursuant to your entry into the country, you're free to leave," Burnham said, referring to the CBP officers.

Tunick's lawyers argue that the judge should throw out the phone password Tunick provided and everything that resulted from entering it as an "involuntary" response made under "unlawful interrogation," because the CBP agents did not read Tunick his Fifth Amendment rights and ignored his multiple requests to consult with his lawyer before answering their questions.

The CBP claims that secondary screening at the border doesn't count as a criminal investigation, so detainees don't have the same rights as criminal suspects. "Since the international arrivals inspection is an administrative function, CBP policy and federal regs do not permit the presence of lawyers during secondary examinations," a spokesman told Reason earlier this year.

But Tunick's lawyers insist that his experience was "far outside" a normal border crossing: He was accused of a serious crime to his face, faced an investigation for a different serious crime he didn't know about, and clearly could not leave the situation until he gave information to government agents.

"I hope people understand that the charges against me are meant to intimidate people against protecting their data and their privacy, and the government hopes to set a precedent that no one has the right to privacy," Tunick told 404 Media. 

Defend the Atlanta Forest, the movement that Tunick is involved with, has been a major nuisance for authorities in Georgia. Protesters attacked and burned construction equipment throughout 2022, and police shot a protester in 2023 under unclear circumstances, claiming that they were fired at during a raid.

The Trump administration has brought down the federal government against the movement. In June 2026, the Department of Justice brought federal charges against two alleged arsonists, citing National Security Presidential Memo 7, which directs the feds to go after left-wing domestic terrorism.

But beyond the email line about "suspected terrorist activities," there is no indication of what specific crimes the feds suspected Tunick of, or why they suspected him. And the whole setup of the interrogation was designed to hide those answers. In fact, instead of charging Tunick under typical obstruction or evidence-destruction laws, federal prosecutors chose a rarely-used statute that doesn't require them to disclose what the underlying investigation was about.

"Many times the government wants to highlight what it was trying to investigate because that ups the stakes on what the defendant was doing," former prosecutor Daniel Richman told The New York Times. "This is a case where I think they're trying to avoid exactly that by focusing only on the destruction, and not what the investigation was about." 

The post Homeland Security Lied About Child Porn To Search Activist's Phone appeared first on Reason Magazine.

Moldova is creating protective zones at border crossing points along its border with Ukraine amid the threat of drone attacks. It is also relocating its personnel from joint border crossings on Ukrainian territory back to Moldova. Moldovan Interior Minister Daniella Misail-Nichitin said this on 7 October, according to NewsMaker.

In recent months, Russian attacks on Ukrainian border crossing points near the country's borders with neighboring states have become more frequent. Ukrainian-Moldovan border crossings are among those most frequently targeted by Russia. As a result, Moldova now plans to withdraw all of its border personnel from Ukrainian territory.

A Moldovan border guard was also recently injured when a projectile struck near a passenger bus at the Palanca border crossing, Moldova's Border Police reported.

Chisinau strengthens protection of border crossings against Russian drone attacks

Moldovan authorities are working to strengthen security measures at all Border Police crossing points, including those located on Ukrainian territory, according to the statement.

Authorities are already setting up protective zones so that Border Police officers, government officials and civilians at the crossings can evacuate to a safe location if necessary, the minister said.

Moldova is also discussing moving its personnel from joint border crossings located on Ukrainian territory to Moldova. Personnel have already been withdrawn from two crossings, with plans to do the same at other joint crossings, Missail-Nikitin said.

NewsMaker clarified with Moldova’s Interior Ministry that the measure involves withdrawing Moldovan personnel from two joint border crossing points with Ukraine — Criva and Palanca.

Ukraine and Moldova seek a response to a new challenge

The first time Chisinau withdrew its personnel from Ukrainian territory at the Ukrainian-Moldovan border crossings was a month ago. Moldova temporarily changed the operating arrangements at three joint border crossings with Ukraine because of security risks linked to Russian attacks on Ukrainian infrastructure near the border, Moldova's Border Police reported on 11 September.

The crossings in question are Giurgiulesti–Reni, Briceni–Rossoșani, and Criva–Mamalyga, where Moldovan border guards and customs officers had previously carried out controls on Ukrainian territory, according to the Border Police.

Starting 12 September, Moldovan personnel returned to Moldovan territory for 90 days and began working from existing infrastructure on the Moldovan side. The crossings themselves remained operational, and the cross-border movement of people and vehicles continued. Only the location where Moldovan services carried out their duties changed, the authorities said.

Ukraine is also strengthening the protection of its border infrastructure. The State Agency for Restoration and Infrastructure Development plans to install 135 basic mobile shelters at 28 border crossing points and on access roads leading to them. The shelters are intended to protect civilians crossing the border and border crossing personnel. Procurement is being carried out by the Restoration Services in Vinnytsia, Odesa, Chernivtsi, Zakarpattia, and Volyn Oblasts, according to the statement.

Ukraine’s border crossings near Moldova face ongoing Russian attacks

Russia has repeatedly attacked Ukrainian border infrastructure near the Moldovan border in recent weeks. On 25 August, a Russian drone struck the Vynohradivka–Vulcănești border crossing in Odesa Oblast.

On 5 October, Russian strikes on Ukrainian infrastructure caused an incident near the Palanka–Mayaky–Udobne border crossing. A projectile fell near the crossing, ricocheted off the ground and struck a passenger bus. The control booth was also damaged, and one Moldovan border guard sustained a minor injury.

On 9 September, Russia attacked the Starokozache–Tudora border crossing. One drone struck the crossing, while two others crashed nearby on Ukrainian territory. Two people were killed and three others were injured in the attack, and the crossing was temporarily closed. Russia claimed that this strike on a border crossing was prompted by Ukraine transporting weapons through the facility, a claim Moldova has denied.

Ukraine plans 135 basic mobile shelters for civilians at 28 of its border crossings, the State Agency for Restoration and Infrastructure Development said on 7 October.

Since the start of September, Russian drones have repeatedly struck crossings on Ukraine's borders with Moldova and Romania. Since mid-September, strikes have also reached the Polish border near the Yahodyn crossing in Volyn Oblast. On 13 September, a Russian drone strike set a gas station near the crossing on fire. On 28 September, the blast wave from another strike damaged the checkpoint building. On 25 September, First Deputy Minister for Restoration, Infrastructure and Transport Serhii Derkach said Ukraine is exploring with its neighbors whether some checkpoints could move onto their territory. No agreement has been reported. On 2 October, Moldovan Interior Minister Daniella Misail-Nichitin said Moldova had set up shelters next to its crossings with Ukraine and started relocating staff from joint checkpoints.

135 shelters for travelers and border staff

The shelters will stand at the crossings and on the roads leading to them. Regional recovery services in Vinnytsia, Odesa, Chernivtsi, Zakarpattia, and Volyn oblasts are running the purchases. The agency said the shelters will make the border safer for people crossing it and for checkpoint staff.

In Chernivtsi Oblast, one of the 10 tenders the agency lists on Prozorro, Ukraine's public procurement system, covers eight shelters for 50 people each and three for 20 each, Ukrinform reported. They will stand on the approach road to the Porubne–Siret international crossing on the Romanian border. The work is expected to cost UAH 38.5 million (about $855,000), excluding VAT.

Russian strikes on crossings

On 5 October, at about 09:38, a projectile fell near the Palanca–Maiaky–Udobne crossing on the Moldovan border. It ricocheted off the ground into a shuttle bus parked by the barrier and also damaged a control booth. One Moldovan border officer suffered light injuries, and the crossing was suspended, Moldova's Border Police said, linking the incident to Russia's attacks on Ukrainian infrastructure. Moldovan authorities did not specify the projectile's type or origin.

Overnight on 9 September, Russian drones struck the Starokozache crossing with Moldova, killing two people and injuring three. On 1 September, Russian Shahed drones hit the Orlivka ferry crossing on the Danube, opposite Romania's Isaccea, and temporarily shut it down. Another Russian strike on 6 September halted the crossing again.