Jeffrey Ryan Simmermaker v. Cedar County Sheriff's Department, et al.
SocialSecurity
Did the court err in its HECK BARR determination?
QUESTIONS PRESENTED 1.) Did the court err in it's HECK BARR determination? 2.) Did the magistrate rely on fraudulent, fabricated and uncorroborated evidence? 3.) Was the relevant conduct in Simmermaker's subsequent Federal conviction relevant to his §1983 action when the United States Government stated the relevant conduct from the May 12, 2017 raid was not needed for his federal conviction? 4.) Did the court err in dismissing Simmermaker's claim of a Fourth Amendment violation? ; 5.) Did the court err in not properly determining and examining the motive of the confidential informant (Frank Young), and considering why no information was provided or relied upon by the magistrate concerning the (er's) prior criminal history, his current legal issues on why he was offering his testimony, and there was no mention of the reward the (crs was offered for his testimony(no evidence presented to magistrate of prior uses of this (CI)?: : 6.) Why was (Bryan Simmermaker} as the only corroborating testimony for the warrant affidavit not required to sign his statement or was he required or even asked to testify in front of the Grand Jury. (His testimony was Unsworn, Unsigned, and Unrecorded) 7.) Did the court's err in ignoring the affidavit (Bryan Simmermaker )? Where (B.S.) denies that he offered the testimony and states that Officer McGlaughlin fabricated with fraud the information he provided to SGT. peck for the Corroboration on the warrant? 8.) If the excessive use of force by using a military like swat . team, not justified by the totality of circumstances Is a constitutional violation, than did the court's err by denying Simmermaker the opportunity to challenge the search warrant in his §1983 action? 9.) Is the GRAHAM 20/20 hindsight Doctrine constitutional when the fruits of the raid are detrimental to the proof of innocence? (i) QUESTIONS PRESENTED (cont. ) 10.) +Is user user amounts of drugs), proper relevant conduct when considering a conspiracy to distribute indictment.(is relevant conduct of a conspiracy to distribute amounts that are for resale and packaging material)? 11.) Did the court's err in it's probable cause determination? . 12.) Did the court's err in it's corroboration requirement determination? 13.) To use innocent bits of information, such as the magistrate used in it's totality of circumstances determination, a violation Simmermaker's Fourth Amendment rights? 14.) Is it proper (constitutional) to use prior criminal history to enhance someones sentence when the crimes used for the enhancement have already been discharged and time served? (when a sentence is complete that debt to society has been paid) 15). Was mere presence adequate to charge Simmermaker with contraband located throught the residence when the residence was not his legal residence? : 16.) Was the residence even established to determine if in fact Simmermaker even resided in the residence, or would even be present? 1.) x4 Tushice ogue! When Q iamele has heen dented Fu. Lowh, 4+ L hig Got due A a TRC cEpur rhy ~Presen and ast we (oun. 98 caste) dias Yel inm eds havt Foce ¢ Lita Lackid oun’, Oh) ab geele ACCS L Low Lbrory fur (eSeerth unt 4S Ae Lgne' — F _ Juslice rihen fa rules and Fourmcl oF AN . N , : Socichios ev peclesicn do punts rh Crimine [3 has Chong se Jo Very trtreme | Very harsh Jc “ ], ; | Sarlences. Joris hint hes Cheagel wih Con 2 ! . ~ Murde| angw sh on AMNenile) jamebs, Gi) |