Imprisonment - Tracking
August 30, 2009 | 50,00 EUR | answered by Andreas Scholz
If one escapes before serving a sentence in prison, and they themselves do not have a contract but their father does and they possess and use it in their phone, can the police use cell phone tracking to locate the person who is on the run? (refugee due to fraud cases under 10,000 euros)
The device and contract (SIM card) are registered to the father and the refugee would use it. Although they have the same last name, they are a different person (different first name than the father). What can the police do in this situation?
Can the police track the cell phone and can they tap into the parents' landline and possibly also surveil them?
And what exactly does the police do when someone flees from prison within Germany?
-Thank you.
Dear inquirer,
the determination of location is based on §§ 100a sentence 3, 100i of the Code of Criminal Procedure. According to this, the data of an actively switched on mobile phone and its location can be determined, regardless of who is the civil owner or contractual partner. However, a warrant against you is required for such measures. If the police have indications that you are using the mobile phone, they can determine its location.
Searches at your parents' place are possible according to § 103 of the Code of Criminal Procedure.
The landline connection of your parents cannot be tapped unless they are considered as participants or accomplices in one of your acts, according to § 100a of the Code of Criminal Procedure. However, the landline connection of your parents can be ordered according to § 100a sentence 3 if there are indications that you either use the connection or if your parents receive or pass on information about the connection from you.
Surveillance and other measures without the knowledge of the affected person can also be carried out against other persons under the conditions of § 100f para. 3 of the Code of Criminal Procedure.
The location determination of the mobile phone is only permissible if a crime of significant importance is involved, § 100i para. 2 sentence 2 of the Code of Criminal Procedure. Whether this is the case in your situation, I cannot assess from here.
I hope this information has been helpful to you. If you have any further questions, feel free to ask.
Best regards,
Andreas Scholz, Attorney
