FlyerTalk Forums - View Single Post - Man pulled off of overbooked flight UA3411 (ORD-SDF) 9 Apr 2017 {Settlement reached}
Old Apr 13, 2017, 3:09 pm
  #4980  
Noctilux
 
Join Date: Jul 2001
Location: London, UK. AA EXP 5MM; Hyatt Diamond, SPG Ambassador Lifetime Platinum, Hertz PC
Posts: 254
Thoughts from a law enforcement professional

Originally Posted by Rdenney
Discussed long ago. The fact is that the LEO's did not arrest Dao, charge him with anything, or read him his rights. That they were unwilling to do so demonstrates that they had no standing to apply force. This is going to be a big issue for them, I predict. The question I would have asked is, "Are you going to arrest me?" If the answer is yes, then I probably would have relented at that point. (Dao would not have.) But they didn't threaten him arrest in the video I saw of their conversation leading up to the removal. They threatened only to drag him out if necessary. If the answer to that question is, "No," then the response could legitimately be, "Our conversation is over, then."

Sometimes, cops are called to help settle a dispute, and they find themselves in a mediating role. "I'll go talk to him." They did that, and doing that might have been appropriate. But when he showed them a valid boarding pass, and when those around him supported the claim that he was minding his own business and posing no safety threat, they should have told the gate agents that there is nothing they can do--find another solution. Unless they have probable cause to believe a crime has been committed, I don't see any justification for the laying on of hands.

Threatening the safety of other passengers by violating the safety-based rules that permit the airline from refusing passage is another thing entirely. That is not what happened here.
A good friend of mine, who has a senior position in a federal law enforcement organisation (not the FBI) said the following:

"What I think I probably would have done in that situation
Is stand up by my seat, point my phone at them to take video, and said something like this, very loudly: "I've worked in law enforcement for 18-plus years, and trust me, you are right on the edge of destroying your career and your bank account. Stop and think: what threat does he pose that justifies this level of force? What criminal offense has he committed that justifies this response? Stop and think, right now. Stop and think about it. Everyone is watching, everyone is ready to testify."

I don't know that it would have made any difference."


Neither do I
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