Maybe…
Comparing game violations with in home crimes is not apples and apples. Game is an owned by the state not an individual. The state cannot enforce that law from the road with any effectiveness.
I’m not arguing from a position of theory, I’m arguing from fact. Wardens have been granted this right historically. So until such time the laws change, a warden should absolutely have the right to fly over private land in an effort to investigate. Further, this airspace issue is currently separate from a physical trespass one as airspace has been deemed public. If I can overfly your land in a Cessna and look down than I can overfly it in a drone. As I’ve stated previously, the fact that a private individual is afforded the right to fly over another’s land with a drone with impunity but a warden cannot would seem like an uphill battle in the courts.
Personally, if that matters, I don’t mind it. In the context of this case, I hope the wardens are relived of any wrongdoing. I for one appreciate their efforts in enforcing game laws that have undoubtedly help make our hunting what it is today.