The police are called to a location for a complaint of animal neglect.They are informed that a dog has been left on the second floor balcony for…

The police are called to a location for a complaint of animal neglect. They are informed that a dog has been left on the second floor balcony for three days without food and water. From the street, the police are not able to see the dog. The fire department and animal control are called. Members of both the fire department and animal control enter the yard and climb a ladder to assess the condition of the dog. Upon finding the dog to be suffering from dehydration, the dog is seized and the police then enter the location to see if there are other animals in need of assistance. Once inside they find two dogs and two cats, all without adequate food and water.

At a pre-trial motions hearing, what defense motions are likely to be raised and how should the court rule?