Can the police track your phone
Our mobile phones provide a detailed insight into our lives. It’s only natural, then, that we would want much of the information stored on our phones to remain private. But what happens if the police become involved? Could they track your phone without your permission?
In this article, we discuss the powers the police have concerning tracking your phone, the types of data they may be able to secure and what you should do if you have any concerns that your phone is being tracked.
While we hope this information is useful, please note that it should not be taken as legal advice. If you need further support with concerns you have about the police’s power to track your phone, then please get in touch and our team can advise you.
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Can the police track your phone?
The short answer to this is yes, the police can track your phone. However, the longer answer is a little more complex and will depend on your circumstances, in addition to the line of enquiry the police are investigating.
Generally speaking, the police will only be able to intercept your communications remotely if you are suspected of committing a serious crime. The police will also need a court warrant to do this.
If your phone is seized as evidence during an arrest, the police will have the power to seize it and access its contents without you giving them a password or PIN code.
How do the police track your phone?
The method the police use for ‘tracking’ a mobile phone will depend on various factors, such as whether they see fit to attempt to access a phone remotely, or if they are able to gain physical possession of a phone.
Can the police access your phone remotely?
The police have access to technology which means that they can access your phone remotely, but only with a relevant court warrant. The police can also extract any data that is being uploaded by your phone to the cloud.
Can the police access your phone if it is seized?
If you are arrested, any personal belongings you had on you at the time will be seized, including your mobile phone. In the first instance, the police will likely ask you to unlock your phone and provide passwords to your social media accounts.
You do not need to provide this information. However, it may be possible for the police to lawfully access your phone, unless the data on your phone is encrypted.
Can the police track a phone that is turned off?
After a mobile phone is switched off, it is only possible to track it to the last location it was switched on. The only possible exception to this may be if the police have previously installed malware or a tracking chip.
How can we help?
Am I legally required to give the police my phone password?
No, you are not legally required to give the police your phone password to unlock your phone. However, the police could also choose to use Section 49 of the Regulation of Investigatory Powers Act 2000 (RIPA), which makes it an offence to refuse to provide access to your phone. You could be arrested and prosecuted for failing to comply with a RIPA notice.
What data can the police get from your phone?
The type of data the police can take from your phone varies depending on whether they have physical or remote access to your phone.
Data will often include:
- Social media activity
- Photos and videos
- Messages (text, third-party apps such as WhatsApp etc)
- Contact details
- Email history
- Browsing history
- Location data
- Banking
- ‘Hidden’ data such as deleted messages and photos
What are the police’s stop and search powers in relation to your phone?
If you have not been arrested by the police, you can refuse to grant the police access to your phone. Under most circumstances, the police cannot stop you and make you unlock your phone so they can search it. The only exception to this is if the police have reasonable grounds to believe that you are involved in a particular offence.
If a police officer searches your phone without proper cause, any evidence that they find could be excluded by the Court and not allowed to be used as part of a prosecution.
Detailed information on police powers to search your phone and social media accounts can be found here.
Are you concerned about your phone being tracked by the police?
If you are concerned about the police accessing your phone, you need advice on your rights, or you believe that your phone may be used against you in a criminal investigation, our team can provide expert legal advice.
Our specialist criminal defence solicitors have over 45 years of experience in handling the full spectrum of offences, including many of those which are often tied to mobile phone data. Whatever your situation may be, or what crime you are accused of, we are able to provide carefully tailored advice that ensures you are able to achieve the best possible outcome. That could mean having charges dropped or having a sentence lowered if conviction is unavoidable.
We are highly skilled at dealing with all forms of evidence, notably digital evidence. We can help you establish a strong case, identify any potential flaws in the case against you and ensure that any evidence that supports your position is clearly identified.
We have been accredited by the Law Society for Criminal Litigation. This, coupled with our extensive experience, means that we can demonstrate a strong track record of previous success, which has also allowed us to establish strong relationships with many of the country’s leading criminal defence barristers.
Related matters:
We also provide support and guidance on various related matters, including:
- Can the police make me unlock my phone and seize it as evidence?
- Can mobile phone forensics be used for child sexual offence cases?
- Police Powers to Search Phone and Social Media Accounts
- Cyber and social media offences
- KIK investigations
Our related cases
- Suspended sentence for Revenge Porn Magistrates Court 2023
- Suspended Sentence - Sexual communication child Birmingham
- Not Guilty Terrorism Charges - Old Bailey 2022
Fees and funding
When you work with our team, we will always keep you informed on the fees that you will be expected to pay.
If you need to attend court after being charged with an offence, Legal Aid may become available. Whether this is possible will depend on a means test and whether the grant of public funding is justified on the merits and seriousness
Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.
To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:
- Our Fees – Crime Cases
- Do I Qualify for Criminal Legal Aid?
- Bespoke Crime Private Fee Service
- Will Your Private Legal Costs Increase?
Contact our criminal defence lawyers today
If you are due to attend the police station, require any urgent specialist advice, or immediate representation for an alleged criminal offence, please do not hesitate to get in touch.
You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:
- Brent & Camden London Office: 0207 624 7771
- Manchester Office: 0161 835 1638
- Birmingham Office: 0121 614 3333
- City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)
Or email: solicitors@jdspicer.co.uk
Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.
24/7 criminal defence representation
Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice about the police’s power to track your phone.
We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.
Common questions
We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.
How quickly do you respond?
We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.
Can you get cases dropped?
Yes, read about the recent cases we've helped our clients with here.
We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you.
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"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".
Do you offer free consultations?
Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about –
- Whether we can take the case on and our relevant experience.
- Public and private funding benefits.
- Assistance in applying for legal aid where we are likely to accept instructions.
- An outline of options in police interview only. We will not advise you on which option to adopt.
- Providing our free written guide explaining the police station process.
- The gravity of routine and day-to-day offences you face.
- Consequences of not attending the court or police station.
- Consequences of interfering with any witnesses.
- Retaining any evidence in support of your case.
- If possible an outline of the elements of the offence that the police or CPS must prove.
- This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
- Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.
Consultations do not apply to the following cases –
- If we do not intend to take the case on.
- Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
- In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
- Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
- The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
- The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
- In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
- If your relationship has broken down with your existing solicitor or several solicitors.
- If you have been released under investigation and have already had a police station attendance.
- If you hold legal aid with another firm and seek a second opinion.
- If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
- To businesses.
- Advising whether you were given good advice by your other solicitor.
- Whether to decide to plead guilty or not guilty.
- Whether you have an arguable defence in law or factually complicated defences.
- Any advice you have had after your first court appearance.
- Any advice on appeal on conviction or sentence.
- If we feel we are unable to communicate with you.
- If we are likely to be conflicted or breach our professional rules.
How can we help?
Useful Information
- How can I get the CPS to drop the charges against me?
- How can I get the police to drop charges against me?
- How can I get the police to caution me?
- Police Stop and Search UK
- Pre-charge bail - What You Need to Know
- Read our Police Station Advice Guide
- Recovering Your Property From The Police
- Released Under Investigation - What You Need to Know
- Types of Evidence used in Law
- Voluntary Police Interview - What You Need to Know
- What is a 'No further action' letter?
- What to expect in Police Custody
- Why Choose a Private Solicitor for a Magistrates' or Crown Court Case?