Police can track a mobile phone’s location, but normally only with legal authorization (judicial order/warrant) or in narrow emergency/exceptional circumstances. How and when they may do it depends on the country, the seriousness of the suspected crime, and the legal safeguards in place. I’ll summarise the practical, technical and legal points (with sources) and then give quick, concrete steps you can take if you’re worried.
How police can track a phone (technically)
- Cell-site data / tower records (CSLI): mobile network operators log which cell towers a phone uses. That gives historical or near-real-time location estimates.
- GPS / assisted-GPS (from the device): apps and device services can provide very precise location. Law enforcement normally has to ask the company (Apple/Google) for device-based data. Apple
- Wi-Fi / Bluetooth / app telemetry: apps and background services can leak location even if GPS is off. Turning off location services doesn’t guarantee invisibility. McAfee
- Installed trackers / GPS trackers on vehicles: separate hardware can be physically attached to track a device or vehicle; different legal rules often apply. NCSL
The legal picture (Spain / EU — concise)
- Judicial authorisation is normally required. In democratic legal systems (including Spain), accessing historical cell-site location information or real-time tracking for criminal investigations generally requires a court order or judicial authorization, particularly where the measure amounts to a search or serious intrusion into privacy. European and national case law emphasises the need for safeguards. Necessary & Proportionate+1
- Spain’s national rules + GDPR / Police Directive: Spain implements EU data-protection protections (GDPR) plus national laws (the Spanish Data Protection / Digital Rights framework). For police processing of personal data, the Police Directive (EU 2016/680) and national implementing rules set conditions; interception/access to traffic data is generally restricted to investigations of serious crimes and requires proportionality and necessity assessments. Linklaters+1
- Exceptions exist: emergency situations (imminent danger to life), some urgent police needs, or legislated narrow powers can allow faster access without prior judicial sign-off — but these are typically limited and later subject to oversight. Necessary & Proportionate
- Provider responses follow legal process: major providers (Apple, Google, telecoms) publish legal process guidelines and typically require valid legal process (subpoena/warrant/court order) before handing over device location or account data, except in emergencies. Apple
Key caveats and case-law trends
- Courts in Europe (and many national courts) have recognized that continuous, long-term location tracking is particularly intrusive and often requires a higher level of judicial oversight. Mass or bulk surveillance faces especially strict safeguards. ECHR-KS+1
- There is some jurisdictional variation (and some older or non-binding rulings suggested looser standards), but the general trend in the EU/Spain is stronger privacy protection for location data than in past decades. industrialrelationsnews.ioe-emp.org+1
What this means in practice
- If police want historical location records from your mobile operator or real-time location from Apple/Google, they will typically need to present a judicial order or meet strict legal criteria (serious crimes, proportionality). Necessary & Proportionate+1
- Immediate emergency exceptions (imminent threat to life) can allow faster disclosure, but those are exceptional and usually reviewed afterward. Necessary & Proportionate
- If the police simply use coarse publicly available methods (e.g., CCTV + visual tailing) that’s different from obtaining CSP/CSLI or device logs.
If you’re worried (practical steps)
- Check app permissions and location settings — revoke unnecessary location permissions from apps; disable background location for apps you don’t trust. (Not a legal shield, but reduces leak surface.) McAfee
- Use encrypted services and strong device passcodes. Keep OS/app updates current.
- If you suspect you’re being tracked unlawfully, get legal help. A lawyer can request transparency and challenge unlawful disclosures.
- Ask providers for transparency reports / legal notice — many providers issue transparency reports and will inform users when lawful demands are made, except where prohibited by a gag order. Apple
