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Using a security feature designed to protect private data shouldn't be a crime, and prosecuting Sam Tunick for it sets a terrifying precedent. Border agents had no warrant, denied him a lawyer and used a bogus pretext to dig into his political activism — which makes this a fishing expedition. Punishing someone for a phone doing exactly what it was built to do turns privacy tools into criminal acts.
Federal law clearly states that knowingly destroying property to block a lawful seizure is a crime, and Tunick clearly intended to obstruct an official investigation. While the defense can try to make a warrant argument, border agents don't need one to search devices at the point of entry, and courts have consistently upheld that authority. Deliberately triggering a wipe the moment authorities request access is obstruction.