Better Call Saul: About the Eshays

Have you ever wondered how you can actually arrest someone? Sure, we’ve all seen it on Law & Order and that Night Stalker documentary, but what can I legally do if I need to arrest someone? What if they resist? And what if they’re an eshay? What is an eshay? Like yourself, I didn’t really care about, or think I needed to know the answer to any of, these important questions until very recently.

First, an eshay? Do you mean those skinny wanna-be gangsters who roam around Rundle Mall with their speakers and bum bags just screaming Kerser lyrics? Well yes, basically. Urban Dictionary would add that they usually walk around in polo shirts, tracksuits and weird Air Max’s while adopting a strict dresscode of Ralph Lauren, Nike, Tommy Hilfiger and Adidas – but you get the message.

Now, a few weeks ago while picking up pizza from Dominos at 11pm on a Friday, a group of four young eshays decided to jump out on the road and egg my car with nearly a dozen eggs. Yes, that actually happened, and I’ll admit there were nearly tears then – but I clearly see the humour in it now. However, at the time I was seeing pure red in anger, and had I not been on crutches, I would have parked the car, attempted chase and hopefully tackled at least one of them.

Luckily, this didn’t happen and I helplessly watched them finish recording their Snapchat and run off into the adjacent Foodland carpark. After cooling off and eating my pizza(s), I thought about what would actually happen if I had tried to tackle one and put him under citizen’s arrest. Was I even allowed to do that? Surely, but when could I? Would it be assault if I hurt him while tackling him?

Instead of trying to work this out by myself, I did the smart thing and called attorney-at-law Saul Goodman, who gave me the following advice:

In circumstances you may need to arrest and detain, a person – you better keep in mind the following information:

In SA, you can legally arrest and detain a person if you witness them commit:

1. An indictable offence 2. Theft 3. An offence against the person (homicide, neglect, assault, rape, etc.) 4. Interference with, damage to or destruction of property

If arresting someone, you must: 1. Witness them commit the required offence. 2. Tell them you are arresting them, and why. 3. If force is required, it must be reasonable 4. Once they submit to arrest, you must call police or otherwise deliver them into police custody.

For more information, see section 271 of the Criminal Consolidation Act (SA).