DENVER (AP) — A United Airlines pilot has asked a judge to dismiss an indecent exposure charge against him, saying he is the victim of governmental misconduct.

Andrew Collins was arrested Sept. 20 for standing naked in front of his 10th-floor hotel window overlooking the Denver International Airport terminal. He has pleaded not guilty to the misdemeanor charge.

The Denver Post reports his attorney, Craig Silverman, wrote that it is not a crime to be naked in Denver in a hotel room and that Collins had no idea people could see him when he partially opened the curtains.

In a separate motion for dismissal, Silverman also says authorities lacked probable cause to prove the case.

United Airlines has suspended Collins, of Leesburg, Virginia, pending an internal review.

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