By Tim Farrell
03/12/2009 5:45 PM

Walking from my house in Nashua to Bank of America on Main St. I was stopped by Nashua PD who noticed my OC (Open Carry) firearm. He demanded my ID which I informed him I was not carrying. I explained I did not consent to being detained and asked if I was free to go. Officer Geoff Raby (email is rabyg@nashuapd.com) stopped me at the corner of Pearl & Temple.

He explained that I was not being detained under suspicion of any crime, but because I was OC. I replied again that I did not consent to being detained and he indicated that I was not free to go. Knowing NH has a draconian stop and identify statute, I opted to cooperate as required and provided my name and address (only stating Nashua, not providing my street address).

His backup, Officer N. Welch arrived on the scene and watched over me while Mr. Raby "ran my info". Raby came back and informed me he couldn't find me in the system. I told him that's because I don't have a drivers license....which is why I was WALKING to the bank in 30 degree weather. I asked him why he was harassing a law abiding citizen. He explained it would only be harassment if he stopped me again. I said being held against my will qualifies as harassment in my book.

Responding to his insistence I provide additional information to identify myself to his satisfaction, I furnished my ATM card. This didn't satisfy him and he proceeded to ask me additional questions. His partner asked why I had such a bad attitude. I told him I was cold and I was in a hurry and I didn't appreciate being interrogated for merely walking down the street minding my own business.

After another few minutes, their supervisor appeared, Sgt. A. Testaverde. He proceeded to educate me on the law explaining that I did not have the right to remain silent. He said that I only had the right to remain silent if I were arrested, and that I was only being detained, so I had no such right. I laughed asking why he thought the 5th amendment applied only to those under arrest and not to all citizens? His response was that the 5th amendment does not cover my right to remain silent and that the 5th amendment applies only when you're standing in court in front of a judge.

At this point, I was quite irritated and repeated that I did not consent to being detained and asked if I was free to go. Raby told me I would be free to go once he was done with me and not until.

Sgt. Testaverde, agreeing to continue illegally detain me against my will, instructed his officer Raby to "run him in Mass." hoping to find a hit. I once again stated I had no driver license. While Raby ran me a SECOND time, the Sgt. lectured me that I was scaring other citizens and that I shouldn't carry "like that".

Raby came back and asked which bank I was going to, in case he got any calls from concerned citizens. I showed him the Bank of America ATM card again and told him I already answered that question. He said I was free to go.

On the quarter mile walk to the bank, I was passed three more times by Nashua cruisers. I entered the ATM area and deposited my checks. Seeing my firearm, another patron with her daughter managed to get beyond their extreme fear and entered the ATM area behind me.

I walked the mile back home and didn't notice another cruiser the whole way. That is, until I got to my house, when I saw a cruiser sneaking up very slowly on a side street. Inside, an officer appeared to be taking photographs of me entering my home. I ran inside and grabbed my cell phone, where I snapped the attached photos. They're not very good quality, but they do convey the point.

Overall, a very poorly managed encounter by the Nashua PD and one which has my blood boiling.

Note: There will be an open-carry litter pick-up in Nashua in protest of the harassment of Tim Farrell by the Nashua PD on March 15th).
We will be meeting in front of City Hall at 1pm and fanning out from there. It is suggested that everyone leave any ID in their cars as a further protest if stopped by any police.