What is the current state of the law on the exclusion of the "fruits" of an unlawful search?

The general rule must, however, be narrowed here, because the fruits of an unlawful search cannot provide probable cause for an arrest, see Johnson v. United States, 333 U.S. 10, 16-17 (1948), and it is clear some portion of this search was unlawful. Althoughconsistent with our enumeration of the search's lawful scopeall of the photographs viewed by the screeners as part of the lawful search for explosives must be considered in reaching a probable cause determination, the textual materials seen by the screeners may only be considered if the government demonstrates that suppression is an inappropriate remedy. Similarly, the photographs not viewed by the screeners may be considered only if they do not consti-

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tute fruit of the poisonous tree. See, e.g., United States v. Davis, 332 F.3d 1163, 1171 (9th Cir. 2003) (listing the independent source, inevitable discovery, and attenuated basis exceptions to the rule that evidence discovered as a result of an illegal search must be excluded).²¹