Achi news desk-
Two Montreal police officers were justified in stopping and searching a man after becoming suspicious of his “man purse” and behavior, a Quebec court judge has found.
Police arrested Marcus Nimri, 24, in October 2023 and found a loaded, illegally modified handgun in his shoulder bag.
But his lawyer, David Leclerc, argued the gun should not have been admitted as evidence because police had no reason to arrest Nimri, who had committed no crime by wearing the small shoulder bag while walking down a city street during the day.
But Quebec District Court Judge Denis Galiastos wrote in his April 18 decision that evidence presented during the trial proved that such cases are often used to carry guns.
“To dispel any ambiguity, police officers can – and should – certainly pay special attention to men’s wallets, in light of other evidence,” he wrote, adding that such shoulder bags are “the ideal hiding place” and that criminals are more likely to carry their guns in bags Such than tucked into pants or anklets.
“Under the circumstances, if a police officer ignores such a clue, it would be proof of nothing less than incompetence,” said Galiastos.
Leclair claimed his client was profiled because shoulder bags like his are popular among men in the black and Arab communities. Galateastos rejected this argument, saying no evidence was presented that the bag was linked to specific racist communities.
“There is no doubt that profiling suspects based on their race, ethnicity, religion, gender, alleged sexual orientation or membership in a marginalized social class is unfortunate. However, according to the court, these principles do not apply to a type of fashion accessory.”, revealed Galiastos. . “The category ‘people with a satchel’ is not a protected group and should not become one.”
Two police officers, Nicolas Boivin and Patrick Lalian, testified that they spotted Nimiri at an intersection while they were stopped at a red light, Galiastos wrote. Their suspicions were raised when he saw them and quickly turned and started walking in the other direction, moving the bag out of their sight, according to the verdict.
The fact that he carried his cell phone in his pocket indicated something else was in the bag, the officers told the court, and the way he carried the bag was typical of someone carrying a gun.
The two officers testified that most of the seized guns were carried in similar cases. Lalian, who was involved in 30 gun seizures, said the bags were so perfect for carrying a gun that he used them while working in plain clothes.
Galiastos said there was nothing “reprehensible or problematic” about police seeing the bags as one sign, among other things, that someone might be carrying a gun.
Nimri’s behavior both before and after police arrested him was suspicious enough to warrant the search, which found the illegal gun, modified to fire only in full automatic mode, the judge found.
“The court finds that officers Bowin and Lillian not only had the right to search Nimery’s file, they should have done so. They have a responsibility to protect the lives of members of the public, as well as their own,” he wrote.
Gleatestus found Nimri guilty of possession of a loaded prohibited weapon, carrying a concealed weapon and obstructing a peace officer.
“If young men are unhappy with the attention that men’s wallets attract from police officers, they simply should not wear them,” the judge wrote. “For decades, men managed just fine without men’s wallets. There is nothing to fear: wallets still exist, as well as pockets on pants and jackets.”
This report by The Canadian Press was first published on April 24, 2024.
