Did law enforcement violate the petitioner's due process rights under the 14th Amendment regarding the recordings

No question identified. : QUSTIONS PRESENTED Petitioner was visited by deputy William Rushing of the Polk County Sheriff's Department at the Petitioners home on October 5, 2016. During the conversation, the deputy took possession of Mr. Stemens cell phone and asked, “is this your cell phone”, “do you mind if I take it with me”, then said “it doesn’t matter, either way it’s coming with me”. The deputy then left the petitioners house with the petitioner’s cell phone without a warrant or any voluntary signature. After a forensic search of Mr. Stemen’s cell phone and email by Jadell Jack of the Polk County Sheriffs Forensics Unit, no evidence was found according to the sheriffs own report. Petitioner, while incarcerated at some point, an iPad was given rn to the deputy by the petitioners then wife, where she had claimed to be searching the email (previously searched by sheriffs forensic unit). The email for the ; iPad and the iPhone were one in the same and therefore could NOT contain | anything more than the email previously searched. Petitioner was sent by ambulance to the Winter Haven Hospital emergency , room ICU on Oct 5, 2016 and then moved to the psychiatric wing of the hospital on Oct 9, 2016 and confined there for the minimum 72 hour hold. While confined to the psychiatric hospital, the deputy again visited the petitioner. . i | The petitioner was led into the psychiatrist's office and asked a series of questions by the deputy without counsel present. The deputy then read the petitioner his rights and began asking another series of questions. At no time did the deputy obtain consent from the psychiatric staff or petitioner nor let it be known that he was recording any part of the conversation. It was only learned the recording had taken place when the investigator almost dropped the recorder he attempted to conceal in his hand. While in the county jail, Mr. Stemen was visited by an attorney from the Public Defender’s Office. Ms. Brianna Conway was assigned the case. Mr. Stemen explained how he believed he had been recorded by the investigator on two known occasions without his knowledge or consent. Ms. Conway refused to file any motions, conduct depositions, investigate the case or allow Mr. Stemen to take part in his own defense. Although Ms. Conway was privy to everything the state claimed to have in their possession as evidence, Ms. Conway chose not to review anything as she stated in an email to the prosecution. Ms. Conway continuously pressured Mr. Stemen to accept any plea the state offered. Judge J Kevin Abdoney apparently never reviewed Mr. Stemens case to see the many violations of state law, judicial process, or constitutional rights violations. Upon Mr. Stemens plea and sentence, he immediately began filing his motion for Post-Conviction Relief. Judge Abdoney twice struck Mr. Stemens Post Conviction relief without prejudice. i Mr. Stemens third attempt at correcting all the issues Judge Abdoney required, was ‘ then accepted but the grounds were condensed by Judge Abdoney from 15 to 8 grounds. A show cause was ordered by Judge Abdoney. The states response to some of the grounds were not factual and were based on conjecture. Again, Judge Abdoney apparently did not review or ignored the states response to his show cause order. The following questions are presented. | 1. Did law enforcement violate the petitioners due process rights under the 14th } Amendment regarding the recordings. 2. Did law enforcement violate the petitioner’s 4 Amendment under illegal | search and seizure regarding the cell phone. 3. Did the Circuit court err in its decision to not address the petitioners’ rights , under the 4th, 5th and 14th amendments of the Constitution that were denied him in his timely filed Post Conviction Relief. : | | 4. Did the Circuit court err by not addressing how the prosecution purposely misled the court in their answer to the show cause order as to where the petitioner was questioned. 5. Did the defense coun