CBS News/ September 1, 2011, 11:27 AM

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

© 2011 CBS Interactive Inc. All Rights Reserved.
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wlhoppers says:
What a load of crap. He deserves to be charged for public indecency, just like anyone else would. And he should be demoted from his rank because he's obviously not capable of making sound decisions. Actually, he should be fired for disgracing his uniform.

If the Santa Fe police think they've handled this appropriately then the whole department is just as much a disgrace as the ***** cop.
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cbsblogger says:
The root of the cancerous corruption problem in the USA is simply because we do not hold our sworn officials (from cops, judges, Congress, etc) to a higher standard of behavior we give them a pass and a get out of jail free card. If this happened with others in the private sector they'd either be forced to resign or get fired.

A plausible scenario is that a crooked cop negotiated sex in exchange for allowing the woman to go free which is illegal. Why wasn't the woman named too. Perhaps because she gave testimony that allowed the cop to go free.
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abby_del_abbey says:
nice to know law enforcement in New Mexico has such high standards.....
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jreese7 says:
What's new? Anyone else would have been arrested for public indecency, plus he was caught on camera.
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voxpopulus says:
Well at least he wasn't having sex WITH the car.
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hishoneysuckle says:
Frankly I think she should have been show also. Why should she be blocked out?
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skithebumps replies:
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Maybe because her legs were up in the air.
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skithebumps says:
Somebody told him he might need a lawyer and he said, "No need to, I already got myself off."
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agnesdeo says:
What a cheap date for this cheap cop with a cheap female.
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agnesdeo says:
What about the law of indecent exposure? Wasn't this cop exposing himself, etc?????????
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Zann-Zel replies:
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To who? In the middle of nowhere on a Ranch?
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Lindag10 says:
It's just those darned security cameras!! They're so annoying....especially for the cop in this case.
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