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US accuses American of allegedly wiping his phone using a ‘duress’ password during border search

The lawsuit challenges the government’s claim that the petitioner willingly supplied a “duress” password that automatically erased his phone’s contents during a border inspection. If the court finds the password was given under coercion, it could limit officials’ ability to force encrypted data disclosures at U.S. ports of entry.

Published

24 Jul 2026

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Background

A U.S. citizen has filed a petition asking a federal court to dismiss the government’s assertion that he voluntarily provided a passcode to border officials – a passcode that triggered a “duress” wipe of his phone’s data. The filing challenges the claim that the password was handed over willingly, and it raises fresh questions about the scope of constitutional protections at U.S. border checkpoints.

“A U.S. citizen has asked a court to throw out the government's claim that he gave over a passcode to border authorities that wiped his phone's data, opening up fresh questions about a person's constitutional rights at the U.S. border.” – TechCrunch, 24 Jul 2026

Legal issue at stake

The case centers on whether a “duress” password — intended to erase data when entered under coercion — can be considered a voluntary disclosure under the Fourth Amendment. If the court rejects the government’s claim, it could set a precedent for how law‑enforcement agencies treat encrypted devices at ports of entry.

Who may be affected

  • Travelers who carry encrypted smartphones.

  • Individuals who have set up remote‑wipe or “duress” passwords as a security measure.

  • Legal practitioners advising on digital‑privacy rights at borders.

What to watch next

  • The court’s ruling on the petition, which will clarify whether duress‑triggered wipes are protected by constitutional privacy rights.

  • Potential policy adjustments by border agencies regarding the handling of encrypted devices.

Source: TechCrunch, 24 July 2026

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