UPSETAUSSIE:
I guess what YOU guys are saying is that you have no evidence that by tracking the phone it can tell that someone has converted my phone, right?
No, what we're saying is that it doesn't matter who has it or why; it is an invasion of their privacy for us to start looking at it, and that is illegal.
It sounds screwed up, but it's there to protect the innocent. Assuming it is being used by someone, who's to say they didn't buy it off Trademe and have absolutely no idea of it's real history? I've bought a couple of second-hand phones off Trademe to execute various test scenarios; my checking of the phones was limited to "does the phone work?".
Then there are all the other potential consequences - suppose we told you where it was, you went around there, and got yourself assaulted or murdered for your trouble. Or, suppose (and note, this is hypothetical - I'm not suggesting anything of the sort is true!) you are a crook, and the phone has evidence of that, and when we tell you where the phone is you go around and assault them.
For all of these reasons, we have police to sort these things out.