The 4th Circuit held that a statement to police obtained in violation of Miranda v. Arizona (1966) but otherwise voluntary and reliable may generally be considered by the court at sentencing. The deterrent effect of preventing illegal searches by preventing such use would be only minimally greater over that deterrent created by exclusion from the prosecution's case in chief. Accordingly, the court vacated the sentence and remanded the case for resentencing.
United States v. Nichols
February 28, 2006