> 10.Passengers who are manacled or in the custody of law enforcement personnel;
As far as I can see, Dr. Dao is in the custody of Law Enforcement. Its pretty damn clear from the video that Law enforcement is removing Dr. Dao from the plane.
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Come on man, its trivial to come up with easy ways to meet a legal document. The document is written in all sorts of ways to remove passengers and keep United in the right.
IE: You are typically under (limited) Police Custody during a Breathalyzer test. Although the details of this custody vary from state to state, the fact of the matter is you are NOT free to leave and your rights are restricted.
In any case, Dr. Dao is obviously under Police Custody. Now the officer was probably wrong for putting the man under custody, but its clear that the Officer is dragging the man out of the Plane, and that Dr. Dao is not allowed to freely go about his business.
The Officer probably didn't follow his proper duties at 3:30am (and his suspension from the Police Force indicates that something wrong happened from a Police perspective). But regardless, Dr. Dao is CLEARLY under Police Custody at the time. At least, now that we know the man dragging Dr. Dao out of the plane was an officer.
Normally, you're supposed to show your badge and give Miranda Rights (proper procedures and everything). But needless to say, there were a lot of mistakes made at that time. IMO, most of them seem to be Police-level mistakes however and not necessarily United Airline's problem. (Despite what the court of Public Opinion believes...)