Case Scenario:
In the Bronx, New York, eight law enforcement agents, from the U.S. Secret Service, the U.S. Postal Inspection Service, and the N.Y.P.D., converged on the apartment of a person they had determined was making fraudulent purchases of computer parts with a stolen credit card. Though there had been time to apply for either a search or an arrest warrant, neither had been sought by any of the law enforcement involved. They decided to conduct a controlled delivery of the computer parts, arresting whoever claimed to be the fraudulent addressee.
Postal Inspector Esannason, dressed as a mail carrier, delivered the computer parts to the apartment where they were to be shipped, to a "Robert Heskey." Isiofia answered the door, and claimed he was "Heskey" and signed for the packages from Inspector Esannason, who gave the signal for the other agents to make the arrest. As two other agents approached, Isiofia backed into his apartment where they arrested and cuffed him. Special Agent McGee and Guida made a two-minute protective sweep of the apartment without their guns drawn. By this time there were seven officers in the apartment, and Isiofia was handcuffed to a chair. Special Agent McGee asked Isiofia his name, but had difficulty understanding him and had to get an identification card from Isiofia’s briefcase.
The officers then completed the paperwork for the arrest while Isiofia remained there handcuffed in his apartment. Isiofia was yelled at by the agents, and threatened with deportment. While filling out this paperwork officers asked Isiofia a great deal of personal information, on everything from bank accounts, residences, and social security number to relatives, children, and employment. Agents then asked for Isiofia’s permission to search his computer, his home, and his car, which he granted by signing blank permission to search forms. The searches turned up fifteen social security cards and numerous other fraudulently obtained or created documents.
Question 1. How will you decide this legal issue? Was the permission to search voluntarily given?