Officer being investigated for holding beer bong

The picture appeared on a website called "The Chive"

(CNN) – For an officer in Cleveland, “Protect and Serve” apparently involved holding a beer bong for a tailgater. Now he’s under investigation after a photo of him surfaced.

It’s become the talk of tailgating: a picture of what appears to be a fan breaking the open container law in a parking lot, along side patrolman Carl Dooley, who’s possibly helping to hold a beer bong.

Most fans say, if it’s what it looks like, they defend the officer.

Joseph McElwain, a fan, said, “Everybody’s out here before a football game to have fun, that’s what it’s all about, have fun, go to the game and enjoy yourself.”

The picture appeared on a website called “The Chive.”

Cleveland police aren’t saying much until an investigation is complete.

Sgt. Ali Pillow of the Cleveland Police said, “From a first appearance, it does not seem appropriate. It’s been turned over to our inspections unit and they’re looking into it right now.”

Police tell us that patrolman Dooley has one of the new field training officer insignias on his sleeve. They say it’s a new addition this year which makes them believe the photo is recent.

Even though the city says it’s cracking down on open containers, some fans fear that a picture like this will end tailgating as they know it.

Jeanette Patton, another Browns fan, said, “That’s what tailgating is about. Don’t take our fun away, we are having fun. I understand some people getting out of control, but having fun is having fun.”

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