People v. Khan
Annotate this CaseKahn was convicted of arson of an inhabited structure (Pen. Code 451(b)). The jury found true an enhancement allegation that he committed the arson by use of a device designed to accelerate the fire. Khan was sentenced to a total term of nine years. The court of appeal affirmed, upholding the denial of Kahn's motion to suppress evidence obtained through a warrant to search his home. The warrant affidavit presented ample facts establishing probable cause to believe that the residence where S.S. and his family lived had been the object of arson using an accelerant. There were circumstances that implicated Kahn, who was disgruntled with S.S., his former supervisor. There were previous incidents in which Kahn attempted retaliation or acted in a threatening manner. Even if the warrant were not valid, the good-faith exception to the exclusionary rule would apply. The court rejected an argument that it was required to remand so that the trial court could order pretrial diversion for the treatment of Kahn’s mental health condition under Penal Code 1001.36, which went into effect while his appeal was pending. Section 1001.36, which authorizes pretrial diversion for mental health treatment, does not retroactively apply to Kahn, who had been convicted and is serving his sentence.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.