Q: Would holding a thief at gunpoint until police arrive be considered "false imprisonment" in California?
Example: In the wee hours of the morning, I awaken in my house to a sound coming from my detached garage. While my wife and children are all still sleeping in the house, a retrieve my (legally purchased and voluntarily registered) firearm from its secured location, exit my house and enter my detached garage, where I discover two men attempting to rob me. I point the gun at them, and instruct them to lay on the ground. They comply. I then call 911 from my cell phone. I keep the gun trained on them until police arrive.
Am I guilty of "false imprisonment"?
A: No. You have the authority to restrain a person and make an arrest for the crimes being committed pursuant to Penal Code section 837. You should tell the person they’re under arrest but PC 841 does not require you to if they’re actually engaged in the commission of the offense.
Dan Moseley agrees with this answer
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A: False imprisonment is the wrongful (that is, unlawful) violation of another's personal liberty. It's pretty simple, so don't overthink it. It's not wrong to detain a person who is committing a crime. But it would be wrong for a private party, just as it is for cops, to use excessive force to do so.
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