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The cell phone companies "claim" to only keep the data for 15 minutes. It is dirt simple to triangulate to within a few feet. It has nothing to do with GPS on the phone. They do it every ten seconds or so in order to be able to locate the phone to send out a ring tone when a call or message comes in. If the phone is turned off, they can't find you.
Getting the legal authority to "wire tap", if you will, to find the phone is simple. Using it in court is another matter. For criminal cases such as murder, rape, or other violent crimes, it is almost always accepted without question. Non-violent crimes like robbery, forgery, and such are usually accepted. Civil cases such as divorce are another matter. It really depends on the judge.
In theory, the police could use the data to hand out tickets. If your phone is going at 70 mph in a 55 mph zone, then the car it is in must be as well. To the best of my knowledge, they haven't tried that yet. Those automatic toll collection devices for turnpikes can do it with even more ease, but again, they haven't done it - I suspect because it would scare people away from using them.
If you really want to go down the cell phone location route, talk to your lawyer about getting legal authority to do so. All you would really need to know is his cell phone carrier and cell number. In reality, just the number would do since they are specific to the carrier, but the carrier would simplify it a bit.
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