Comment by octoberfranklin

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.