[cornellwright]

Any member of the public (with a fair amount of money) could also just charter and fly a plane over the property and watch. While persistent surveillance would be incredibly expensive, it's still possible. A neighbor could temporarily install a pole with camera or allow another individual to do so.

In short, you have no expectation of privacy when it's possible to be seen from a public right of way. I really see no problem with what LE did here.

[binarycrusader]

Yes, a public member could charter a plane, and that would be fine.

Utility poles are generally owned by a private company though or the local government and are regulated.

Members of the public are not generally permitted to hang things or attach things to them, and since they are usually located on private property or property that the local government has rights to, the general public also isn't generally permitted to place things on them.