A tool that law enforcement agencies sometimes use in the context of demonstrations and crowd control is the “long range acoustic device” (LRAD) or “sound cannon.” In a nutshell, an LRAD emits extremely loud, focused sound that is painful — and perhaps even damaging to the hearing — for the listener. Several southern California law enforcement agencies have been documented as having these devices, including the police departments of Los Angeles and San Diego.
In some documented cases, these devices have been employed fairly indiscriminately against groups of people for the purpose of denying access to areas, in essentially the way that tear gas or baton strikes might be used on a more individualized basis. Since the devices are physically uncomfortable and potentially even physically harmful to the listener, their use in this manner raises concerns about excessive force. When there is no specific basis for the use of force, even a somewhat restrained use of force, as the LRAD might seem to be, may nevertheless be “excessive.” New York City and Pittsburgh have both settled lawsuits filed by individuals who asserted that the use of LRAD caused them hearing injuries (see footage of the Pittsburgh use in the YouTube video posted above).
To my mind, the litigation around LRADs also raises interesting questions around practices such as playing extremely loud classical music in transit stations, as has been seen for example in some Los Angeles metro stations. Loud or extremely repetitive music, of course, has also been used as a means of torture in some situations. When sound is being used to intentionally inflict pain or discomfort on individuals who are not actually breaking any law, and when the actor using that sound is the state, questions of excessive force are always potentially relevant.
Related Post: When Is Force Excessive?, Oct. 9, 2023
Related Post: Preserving Excessive Force Claims in “Resisting Arrest” Cases After Lemos v. County of Sonoma, Sept. 16, 2022