Searching the men’s bag of an individual behaving suspiciously does not constitute profiling, a judge of the Court of Quebec concluded last month. These luxury accessories even constitute “the ideal hiding place” to hide a weapon, according to his decision.
” THE man purse are very often used to transport illegal firearms. This reality must not be ignored,” ruled Judge Dennis Galiatsatos last March.
Marcus Nimeri, a 25-year-old Montrealer, was found guilty of possession of a prohibited and loaded handgun, carrying a concealed weapon and obstructing peace officers.
Two patrol officers from the Montreal City Police Service (SPVM) arrested the young man in October 2023 after finding a Glock-19 pistol in his Givenchy men’s bag.
It has become commonplace for criminals to hide a weapon in a designer men’s bag, we learn in the judgment. Mr. Nimeri’s lawyer, Mr.e David Leclair, had requested the exclusion of the seized firearm and ammunition from the evidence, since it is not prohibited to possess a men’s bag. “This simple fact cannot constitute, in itself, an indication of illegal activity. »
Judge Galiatsatos was unequivocal: if young men are unhappy with the attention that ” man purses » attract from the police, they should just not wear them, he writes.
“This fashion accessory is in no way linked to the culture, identity or integrity of the person. It is far from essential. The fashion is relatively recent. For decades, men have gotten by without a man purse. »
Loaded weapon
Mr. Nimeri was walking on a sidewalk in downtown Montreal not far from the Bell Center one morning in October 2023.
When he saw the police, he made clumsy gestures aimed at hiding the men’s bag from the sight of the police, explained officers Nicolas Boivin and Patrick Laleyan in their testimonies.
They immediately noticed his bag, suspecting that it contained a weapon.
The young man walks nervously and watches the police to see if they are still after him. He keeps his arm stiff and tries to hide his bag.
The Givenchy accessory did indeed contain a loaded illegal handgun and $5,230 in cash. The revolver had been modified using a device Glock switchallowing it to fire in automatic mode, like a machine gun.
Profiling, says the defense
Me David Leclair, Marcus Nimeri’s lawyer, believed that his client was just walking peacefully in a public place. The authorities therefore had no right to stop and search him.
According to him, it is mainly “racialized” people, including black and Arab people, who are likely to wear man purses.
The category of “people with a bag” is not a protected class and it should not become one, explains Judge Galiatsatos in his decision. These people certainly do not constitute a discreet and isolated minority.
Bags according to ENSALA
According to one of the two police officers involved in this case, of the 30 handgun seizures he made in his career, 80% of them were hidden in man‑purses.
“Police officers can – and should – certainly pay particular attention to man‑purses. It’s the perfect hiding place,” the judge said in his decision.
The famous men’s bag is even mentioned in training by the National Weapons Law Enforcement Support Team (ENSALA) provided to police officers in order to recognize the characteristic signs of an individual possessing a weapon, lit- we in judgment.
“ The training listed the most common places where weapons were hidden. On the list were the man purse, the belt and various different holsters. In the majority of cases, the seizures were made in the man purse or belts. »
reference: www.lapresse.ca