What happened in the Nebraska case was more subtly bad: if the government had to subpoena HER for her location data on that day, there would likely be no criminal conviction at all. The 5th amendment would be a valid excuse to avoid giving out the data. However, they only had to subpoena Facebook, whose data is not covered by 5th amendment protections, and who would like to maintain a friendly relationship with governments.
EDIT: This is generally called the principal-agent problem, and there are lots of rules around agent behavior when it traditionally applies (eg attorney-client privilege and doctor-patient confidentiality).
Also, you should note that there are lots of crimes, and you probably commit a lot of them. If you have ever used someone else's WiFi without permission, that's one. If you carried a screwdriver or a sharpie into a store, that's a separate crime. The list goes on and on.