Well, first I can almost guarantee that the surveillance tech being employed on a predator drone is substantially more advanced and wide ranging than a simple human operated video camera, but I also don't think it's a good idea to have guys with video cameras in helicopters recording protests either unless it's to film illegality. It has a chilling effect on the exercise of free speech. Peaceful protesters really shouldn't be getting surveiled / data gathered during protests shouldn't be getting mined, and unless authorities can guarantee that isn't happening then recording makes me uncomfortable.
Yes, because a police helicopter is different for two reasons: (1) it’s not operated by CBP (who have no jurisdiction here), and (2) a police helicopter doesn’t have Hellfire missile bays.
Putting aside the CBP issue (fair point, agreed, that's weird), it's not like police helicopters haven't been used for pretty bad things in the past - e.g. when Philadelphia firebombed it's citizens in the 80s.