No charges for N.M. cop caught having sex on car

Surveillance images of a New Mexico State Police Officer caught apparently having sex on the hood of a car.

SANTA FE, N.M.- He's in uniform, in public, and definitely caught in flagrante. But investigators said the state police officer caught on camera having sex on the hood of a car did not commit a crime, CBS News affiliate KRQE-TV in Albuquerque reports.

NM cop caught on camera having sex on car

The pictures show a state cop wrapped up in an inappropriate position, having sex on the top of a car in public.

The photos were taken by a security camera at the out-of-the-way Canyon Ranch, which is owned by Santa Fe County.

State police are not releasing the officer's name, but KRQE-TV has learned it's Bert Lopez. The eight-year vet was named state police officer of the year in the Santa Fe district in 2010. Even though state police won't confirm it's him, state police spokesman Sgt. Tim Johnson told KRQE-TV that Lopez is currently "on administrative leave."

Johnson wouldn't say if the officer was officially on duty but did say, "An employee who did something like this in uniform would be considered on duty."

The pictures surfaced about two weeks ago, and an internal investigation was launched immediately.

State police have completed that investigation, and Johnson said, "At this point we do not believe any criminal activity occurred."

State police are not identifying the woman in the pictures and won't comment on her relationship to the officer. They do say the woman was not involved in any of the officer's cases.

Santa Fe County Sheriff Robert Garcia said he will not cite the officer for indecent exposure or public lewdness because there was no victim; no one was around to see it.

But millions of people have seen it now. And comedians are having a field day.

After talking about the racy photos, Craig Ferguson, host of CBS' "The Late Late Show," told his audience, "Just goes to show you that I will do anything to get out of a ticket."

It may seem funny to a lot of people but not to state police.

"It's unfortunate; the department is embarrassed. During that bad decision, there were probably 400 other officers out doing their jobs and making the correct decision," Johnson said.

The officer could be fired over the photos for tarnishing the badge and embarrassing the department.

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