Comment by refurb
5 years ago
Random question - but just because it violates the constitution, that doesn’t necessarily make it a crime, correct? In other words, the Constitution limits the government from unreasonable search, but it doesn’t proscribe a punishment if it’s violated. You’d need a separate law for that?
Strictly speaking this is correct. Even in cases of treason, the only crime defined in the Constitution:
"The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted."
If it violates the constitution then the government employee loses their protection from Title 18, Section 242. That is what makes it a crime.
https://www.justice.gov/crt/deprivation-rights-under-color-l...
...acts under "color of law" include ... acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties.