Which side of this question do you think "regular citizens" are on? The police are the third most trusted institution in the country, after small businesses and the military: https://news.gallup.com/poll/647303/confidence-institutions-.... And for decades, way more Americans have said that courts are too lenient on criminals than the opposite: https://news.gallup.com/poll/544439/americans-critical-crimi....

Now, to be fair, those polls aren't asking people about location data specifically. I'm open to seeing specific polling on this issue. But based on the lack of any political will to do anything about TSA, my suspicion is that "regular citizens" are okay with the police using location data to catch bank robbers.

So maybe your "the game is rigged" point cuts the other way. It's rigging the game when fancy lawyers make complicated arguments about what James Madison would have thought about geofencing, in an effort to impose shackles on the police "regular citizens" never voted for.