Discovery of hidden GPS tracker leads to Mass. Supreme Court case

HINGHAM, Mass. -- A Hingham couple say they are emotionally traumatized after finding a GPS tracker hidden in the wheel-well of both their cars.

Their case is now being moved up to the State Supreme Court after a District Judge ruled that it is not a crime to hide GPS tracking devices in people's cars.

James Daly and his wife said they were victims of harassment, even though the law says otherwise.

They said that what happened to them was not only emotionally traumatizing, but it was also completely unprovoked.

"I was completely dumbfounded, I had no idea about the technology, what it looks like or why it's on my car," said Daly. "I think, the hardest part is, to this day we still don't know and we won't get answers because people aren't being held accountable."

Back in 2016, Daly said GPS tracking devices were found on his car and his wife's car, and had absolutely no idea as to how they got there - and why.

Eventually, investigators were able to track down the owner of the devices, who they said tracked the couple to at least 17 different locations, including outside Massachusetts.

"He constantly logged in, looked to see where we were, Googled those coordinates and was compromising information on my whereabouts and my travels," said Daly.

Prosecutors have pursued criminal charges, arguing, in part that, 'the defendant intended to target the victim with the harassing conduct of speech, or a series of acts.'

"Everywhere we went we're looking around, triple checking our doors are locked - makes you paranoid," said Daly.

Despite the prosecution's efforts, the lower courts have continually sided with the defense, who says 'the placement of a GPS device has not been proscribed by statute and therefore does not constitute as harassment.'

As the case heads to the state's highest court, Daly's hoping for a ruling that will send a message.

"Someone has to realize that it's not ok, just because it's not a law now doesn't mean that it shouldn't be," said Daly. "I want people to be accountable when people decide to invite themselves into somebody else's life."

The defendant's lawyer told Boston 25 News his client declined an interview on Tuesday night. Yet, his attorney says his client didn't break the law and is accused of doing what any private investigator would do.

It is expected the high court will hear the case in the fall.

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