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“When the law is not clear 5 at the time of trial and remains unsettled at the time of appeal, a decision by the trial court cannot be plain error.” State v. Panarello, 157 N.H. 204, 209 (2008).

State v. Panarello, 157 N.H. 204 (2008) (holding that a new crime committed in police presence purges the taint of any antecedent illegality).

State v. Panarello, 157 N.H. 204 (2008) (holding that a new crime committed in police presence purges the taint of any antecedent illegality).

“For the purposes of the plain error rule, an error is plain if it was or should have been obvious in the sense that the governing law was clearly settled to the contrary.” State v. Panarello, 157 N.H. 204, 209 (2008) (quotation omitted).

“For the purposes of the plain error rule, an error is plain if it was or should have been obvious in the sense that the governing law was clearly settled to the contrary.” State v. Panarello, 157 N.H. 204, 209 (2008) (quotation omitted).

The purpose of this exclusionary rule is to: “(1) deter police misconduct; (2) redress the injury to the privacy of the victim of the unlawful police conduct; and (3) safeguard compliance with State constitutional protections.” State v. Panarello, 157 N.H. 204, 207 (2008).

State v. Panarello, 157 N.H. 204, 207 (2008) (quotation and brackets omitted).

See, e.g., Missouri v. Seibert, 542 U.S. 600 (2004); Fellers v. United States, 540 U.S. 519 (2004); Nix v. Williams, 467 U.S. 431 (1984); Henry, 447 U.S. 264; Gilbert v. California, 388 U.S. 263 (1967); Hoffa v. United States, 385 U.S. 293 (1966); Wong Sun v. United States, 371 U.S. 471 (1963); State v. Panarello, 157 N.H. 204 (2008); State n Roache, 148 N.H. 45 (2002); State v. Gravel, 135 N.H. 172 (1991); State v. Baillargeon, 124 N.H. 355 (1983).

*591 “For the purposes of the plain error rule, an error is plain if it was or should have been obvious in the sense that the governing law was clearly settled to the contrary.” State v. Panarello, 157 N.H. 204, 209 (2008) (quotation omitted).

For us to find plain error: “(1) there must be error; (2) the error must be plain; and (3) the error must affect substantial rights.” State v. Panarello, 157 N.H. 204, 207 (2008) (quotation and brackets omitted).

Generally, we will not consider issues raised on appeal that were not presented in the trial court.

‘When the law is not clear at the time of trial and remains unsettled at the time of appeal, a decision by the trial court cannot be plain error.” State v. Panarello, 157 N.H. 204, 209 (2008).

‘When the law is not clear at the time of trial and remains unsettled at the time of appeal, a decision by the trial court cannot be plain error.” State v. Panarello, 157 N.H. 204, 209 (2008).

The plain error rule allows us to exercise our discretion to correct errors not raised in the trial court.

State v. Lamy, 158 N.H. 511, 524 (2009); State v. Panarello, 157 N.H. 204, 207 (2008).

The plain error review standard, Supreme Court Rule 16-A, is an exception to the contemporaneous objection rule and provides us with the discretion to review unpreserved error on appeal for plain error that affects substantial rights.

For the rule to apply: (1) there must be error; (2) the error must be plain; (3) the error must affect substantial rights; and (4) the error must seriously affect the fairness, integrity or public reputation of judicial proceedings.

Specifically, the defendant’s ingestion of the marijuana “supported a new criminal charge that was distinct and separate from the prior illegal seizure.” Wagstaff, 846 P.2d at 1313; cf. State v. Panarello, 157 N.H. 204, 209 (2008) (adopting new crime *772 exception to exclusionary rule where defendant commits a new crime against police officers in response to an illegal search or seizure).