So if I use a drone platform to take photos of an illegal operation, illegal construction, whatever, that is taking place on a fenced property, the court says the photos can't be used as evidence, Well what if I use a ladder to look over the fence and take a picture? Still illegal? What if I'm naturally tall enough to see over the fence and take picture? What if I'm in my upstairs bedroom and can see over the fence from my window and take a picture? Or if I'm standing on my roof on my own property and take a picture? I think this whole privacy argument is ridiculous. If you don't want to be seen from a public vantage point, be it from a helicopter, a drone, a roof, etc. then make sure you are hidden by something around you AND above you. It's just common sense. Unfortunately, the world doesn't use common sense anymore.
What that court case didn't get into is whether or not the drone photos could be presented to a judge to simply show probable cause so the authorities could then obtain a search warrant to enter the property and obtain the evidence firsthand. In that case, the drone photos would not be needed in the trial.