Jury finds misadventure after inquest into death of David Brown

David died on 21 August 2024 after being stopped earlier in the day by the police, who during the search suspected he had something in his mouth. He was detained and taken to St Anne Street police station to be searched before being released.

Shortly after arriving home, David collapsed. He was taken to the Royal Liverpool University Hospital, where his death was confirmed.

The jury concluded with a finding of misadventure after hearing that David was detained under Section 23 of the Misuse of Drugs Act 1971. The search was negative and he was released. David died of cocaine toxicity having ingested a toxic amount of cocaine.

The jury recorded that the actions of officers were not wholly in accordance with College of Policing guidelines due to inconsistency with local training. This was highly unlikely to change the outcome of David's death.

Coroner Mr David Lewis decided that he will send a Prevention of Future Deaths report likely to Merseyside Police and possibly the College of Policing. The coroner raised his concerns about training and that officers in their evidence didn't feel their training equipped them to deal with the situation. The police powers under Section 23 for stop and search are used on a regular basis. He said he was concerned in this particular context about the difference between stop and search detention and a situation where there is an arrest.

In a pen portrait read out at the inquest, David's niece described him as a "devoted" and "hands-on" father with a "larger than life personality", which helped him build a successful career working in a call centre where he was awarded employee of the month on several occasions.

On the day of his death, David was travelling as a passenger in a taxi on Priory Road in Anfield when police officers pulled the vehicle over and conducted a search on him because they suspected he may have been in possession of drugs.

Witnesses told the inquest they saw David being physically restrained by police officers who appeared to be searching for something in David's mouth. Accounts from police officers also recounted David being physically restrained in an attempt to check his mouth.

The inquest heard that a police officer hit David with “dynamic strikes” on the back during the search, which was also seen by witnesses.

A pathologist told the inquest they found a number of injuries such as grazes or bruising on David's body, but that these did not contribute to his death.

During the stop and search, some police officers did not turn their body cameras on, which they told the inquest was due to them believing the cameras of other officers present would capture any evidential footage required.

The inquest heard that following the stop and search, David was handcuffed and taken to St Anne Street police station, and on the way told officers he had swallowed ‘a wrapper’. The inquest heard that one of the police officers who initially searched David had recorded in a witness statement that David had told them he had swallowed ‘a single wrap of cocaine’. However, in evidence at the inquest, the officer said the statement was incorrect and he had intended to say David told them he had swallowed ‘a wrapper’ only.

The inquest heard that officers did not have specific training at the time about steps to take when they suspected an individual had concealed something in their mouth, although it was recognised that there was a risk of items being swallowed if they were concealed in the mouth.

The inquest heard that officers performed a strip search of David at the station. It came back negative and David was released without charge.

The inquest heard that if police officers know or suspect that an arrested person has swallowed drugs, they must treat them as being in need of urgent medical attention and transfer them straight to hospital. The coroner was told that David was never placed under arrest, meaning the police did not have the power to force him to attend hospital.

The inquest heard that after his release, David took a taxi to an address in Anfield, where he reported he had swallowed drugs and that he was feeling ill. He asked for an ambulance but collapsed shortly after, suffering an apparent seizure.

Emergency services transported David to Royal Liverpool University Hospital in a state of cardiac arrest and attempted to resuscitate him, but he was pronounced dead at the hospital that afternoon.

Following the conclusion of the inquest, David’s family issued a statement through their legal team at law firm Leigh Day.

Leeann Doolin, David’s sister said:

"David, or Brownie to those close to him, was a much-loved central point in our family, who brought joy, laughter and energy into every room he entered. He had a larger than life personality and a natural ability to build rapport with almost anybody, and above all was a devoted father who loved spending time with his children. We are grateful to the jury for taking the time to carefully examine the information and circumstances around David's death. While this inquest has required us to reflect on the circumstances surrounding David's death, these circumstances do not define the person he was.

"We feel there is a gap in the duties the police have towards a person detained for the purpose of a search when it is suspected that drugs have been swallowed.

"David's loss has left a huge gap in the lives of our family, and all those who knew and cared for him. Words cannot truly capture how much he is missed.

“We are eternally grateful to our barrister, Kate Stone for giving David and the whole family a voice in this process.”

David’s family were represented by INQUEST Lawyer’s Group members, Leanne Devine and Emily Driver of Leigh Day who instructed Ms Stone of Garden Court North chambers

Leigh Day partner Leanne Devine, who represents David's family, said:

"We are grateful to the coroner and the jury for their consideration and examination of the circumstances surrounding David's death. Whilst it is acknowledged by David’s family that the use of force and restraint used by Merseyside Police during the stop and search did not contribute to his death, they remain significantly concerned about the manner in which the stop and search was conducted. The family were also concerned about the application of welfare policies to individuals who have been handcuffed and detained for the purpose of stop and search, but not formally arrested, given that David was not taken to hospital for medical treatment - a concern that has been raised by the coroner regarding Merseyside Police previously. The family feel that given the circumstances, police should have been alert to the risk to David’s health and sought avenues for medical treatment."