The Santa Clara County Fire Department confiscated a drone flying over the Saratoga wildfire that prompted a helicopter fighting the fire to land instead of dropping its load of water.

The incident, which occurred Monday as crews battled the Eden Fire near the Mountain Winery, remains under investigation.

“That drone could have crashed into the helicopter killing the people inside,” Chief Fire Investigator Ryan Cronin said. “Or if that fire were to continue and we couldn’t get another helicopter out there, the person who was flying the drone would be the responsible suspect.”

Flying drones over fires is punishable as a misdemeanor, but injuries or death caused by the drone would result in a felony.

Cronin said drones must be registered and owners must be licensed to fly them. The operator must have appropriate training, where they would learn it is against the law to fly drones in a fire area.

The confiscated drone, a DJI brand model number W321, is nearly two and a half feet square in size and stands about 10 inches tall, Cronin said.

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