Police who found loaded gun in 'man purse' did not profile suspect: Quebec judge
Two Montreal police officers were justified in stopping and searching a man after they became suspicious of his "man purse" and his behaviour, a Quebec court judge has found.
Police stopped Marcus Nimeri, 24, in October 2023 and found a loaded handgun that had been illegally modified in his shoulder bag.
But his lawyer, David Leclair argued the gun shouldn't have been admitted as evidence because police had no reason to stop Nimeri, who was committing no crime by wearing the small shoulder bag as he walked down a city street during the day.
But Quebec Court judge Dennis Galiatsatos wrote in his April 18 decision, that evidence presented during the trial demonstrated that such bags are often used to carry handguns.
"To dispel any ambiguity, police officers can — and should — certainly pay particular attention to man purses, 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 such bags than tucked into their pants or at their ankles.
"Under the circumstances, if a police officer ignored a clue like this, it would be proof of nothing less than incompetence," Galiatsatos said.
Leclair had argued that his client had been profiled because shoulder bags like his are popular among men in the Black and Arab communities. Galiatsatos rejected that argument, saying no evidence was presented that the bag was linked to specific racialized communities.
"Certainly profiling suspects on the basis of their race, ethnic origin, religion, sex, apparent sexual orientation or membership in a marginalized social class is deplorable. However, according to the court, these principles don't apply to a class of fashion accessories," Galiatsatos found. "The category 'people with a satchel' is not a protected group and shouldn't become one."
Two police officers, Nicolas Boivin and Patrick Laleyan, testified that they noticed Nimeri at an intersection while they were stopped at a red light, Galiatsatos wrote. Their suspicions were raised when he saw them and quickly turned around and started walking the other way, moving the bag out of their view, according to the judgment.
The fact that he was carrying his cellphone in his pocket suggested 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.
Both officers testified that the majority of guns they had seized were carried in similar bags. Laleyan, who had been involved in 30 gun seizures, said the bags were so perfect for carrying a gun that he had used them when working in plain clothes.
Galiatsatos said there's nothing "reprehensible or problematic" about police officers considering the bags as one sign, among others, that someone could be carrying a gun.
Nimeri's behaviour both before and after police stopped him was suspicious enough to justify the search, which found the illegal gun, modified to shoot only in fully automatic mode, the judge found.
"The court finds that not only did constables Boivin and Laleyan have the right to search Nimeri's bag, they had to do it. They have the responsibility to protect the lives of members of the public, as well as their own," he wrote.
Galiatsatos found Nimeri guilty of possessing a loaded prohibited weapon, carrying a concealed weapon and obstructing a peace officer.
"If young men are unhappy with the attention that man purses attract from police officers, they just don't have to wear them," the judge wrote. "For decades men have done fine without man purses. There's nothing to fear: wallets still exist, as do pockets on pants and on coats, as well."
This report by The Canadian Press was first published April 24, 2024.
CTVNews.ca Top Stories
El Nino weakening doesn't mean cooler temperatures this summer, forecasters say
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
BREAKING 15-year-old boy stabbed in Ottawa on Thursday dies
A 15-year old boy who was critically injured after a stabbing in Nepean on Thursday has died of his injuries, Ottawa's English public school board said Sunday.
Dash cam catches moment suspected drunk driver hits parked car, sends it careening into North Shore flower shop
Police say it’s fortunate no one was injured or killed in a collision at North Vancouver’s Park and Tilford shopping centre Saturday evening that sent one vehicle careening into a flower shop and another into a set of concrete barriers outside a Winners store.
Nylander defends Leafs' core after playoff exit, Toronto again picks up the pieces
The Maple Leafs battled back from a 3-1 series deficit against the Boston Bruins with consecutive 2-1 victories - including one that required extra time - in their first-round playoff series to push the club's Original Six rival to the limit before suffering a devastating Game 7 overtime loss.
Amid climate change warnings, Canadians lukewarm on electric vehicles
Amid scientists' warnings that nations need to transition away from fossil fuels to limit climate change, Canadians are still lukewarm on electric vehicles, according to a study conducted by Nanos Research for CTV News.
Three dead, two hospitalized, following collision in Fredericton: police
Three people have died and two have been hospitalized after a speeding car struck a tree and landed on another vehicle in Fredericton Sunday morning.
Montreal man on the hook for thousands of dollars after a feature on his Tesla caused an accident
A Montreal man is warning Tesla drivers about using the Smart Summon feature after his vehicle hit another in a parking lot.
Madonna's biggest-ever concert transforms Rio's Copacabana beach into a massive dance floor
Madonna put on a free concert on Copacabana beach Saturday night, turning Rio de Janeiro's vast stretch of sand into an enormous dance floor teeming with a multitude of her fans.
Mexican authorities say thieves killed 2 Australians and an American to steal their truck
Thieves killed two Australians and an American on a surfing trip to Mexico in order to steal their truck, particularly because they wanted the tires, authorities said Sunday.