In before the lawyers! Wait a second... Darn it! Missed it by just a little...
Seriously though, I doubt you would need to worry about it. I can't imagine a home invader sticking around for the police to arrive, or standing still while you cuff him. I don't see any point in trying to keep them from leaving, since getting them out of the house should be the goal. Just call the police and focus on remembering what he looked like.
Luck runs out.