From United States v. Black (Apr. 10, 2007) (Kozinski, J., joined by Reinhardt, Kleinfeld, and Berzon, JJ., dissenting from denial of rehearing en banc) (some paragraph breaks added, citations deleted):
The relevant facts are undisputed. Walker called 911 at precisely 8:39:3465 A.M. from a grocery store to report that she had just been beaten by Black, who had a gun. At the end of
the call, Walker indicated that she would drive back to the
apartment with her mother, and that they would wait for the
police outside the building in a white pick-up truck. She
spoke with the dispatcher until 8:40:1749. Officer Rodriguez
was dispatched at 8:42:5825, and arrived at the apartment half
a minute later, at 8:43:2487. The total time elapsed between
Walker hanging up with the 911 dispatcher and the arrival of
the police at the apartment was three minutes and seven seconds.
Rodriguez testified that it would take about two minutes to
drive from the grocery store to the apartment. When Rodriguez
arrived, he did not see Walker, her mother or the white
truck. Walker was, at that point, just one minute past her earliest
possible arrival time.Rodriguez and another officer
knocked on the apartment door, but nobody answered. The
other officer circled around back and found Black in the backyard.
When the officers didn