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A peeping Tom filmed naked police officers playing strip poker through a third floor window.
The trio of colleagues have been reported for public indecency, despite being off duty and in a private residence.
Police Scotland's decision to investigate the officers after a video of them went viral has been slammed by legal sources as "ridiculous" and a "slap in the face".
The officers, based in Campbeltown, Argyll, face a criminal trial at the same time as police trying to hunt down the person who caught them on camera – which could have been illegal in itself.
A senior Police Scotland officer told the Daily Record: "This is clearly a ridiculous decision and was only taken because they are police officers.
"Nobody will be surprised when the procurator fiscal drops this case. The stupidity of the police service genuinely knows no bounds.
"To even contemplate the reporting of these officers, when they themselves were the victims of crime, is almost beyond comprehension."
The group were recorded while naked inside a flat.
It is understood they have told colleagues they were playing strip poker following a night out.
Footage showed the officers naked and drinking from beer bottles.
Police said cops were still trying to establish who created the video and whether a crime had been committed.
A spokesman for the force said: "Enquiries were ongoing."
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A legal source told the Daily Record: "This decision really does beggar belief.
"Consenting adults in a private home, behind closed doors, at night, three floors up, all being willing participants in what was happening.
"Whoever filmed it could only see it because they were on the same floor and had a vantage point to one window.
"It was very stupid of the officers involved not to have drawn the curtains or pulled the blinds but it was at night and they were three floors up. They didn't and couldn't consent to being filmed.
"It being shared all over is one thing. Getting pulled by your employers and grilled over it is another again.
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"But to then prosecute them over it is just an unnecessary slap in the face."
The Crown Office and Procurator Fiscal Service will now decide whether to prosecute the officers.
A source close to the probe says the officers involved have been redeployed, moving to Dunoon and Lochgilphead.
Those who filmed the video may also still be prosecuted, as filming and distributing videos of people in intimate situations without their consent are criminal offences.
A Police Scotland spokesperson said: "Two men and a woman, aged 43, 23 and 23 respectively, will be subject of a report to the Procurator Fiscal in connection with an alleged public indecency."
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