As part of a plan to market a new line of investment securities, Merchant Bank's assigned Mike to study the accounts of some of its major depositors. Mike performed a computer analysis to determine at what times of the year the accounts of the depositors reflected the most activity. Mike had been reading in the newspaper about a series of unsolved bank robberies in the area. In examining the reports, Mike had been reading in the newspaper about a series of unsolved bank robberies in the area. In examining the reports, Mike noticed that Dustin had made a substantial deposit on the day following each of the robberies. Mike phoned the police to report his discovery. After the conversation, two police officers went to Merchant Bank to examine with Mike the records of Dustin;s account. The police then investigated Dustin's activities on the days of the robberies and eventually obtained more evidence that Dustin was involved in robberies. Dustin was arrested and prosecuted for the bank robberies. Should Dustin's motion to suppress the evidence be granted?

A0 yes because the police did not obtain a search warrant before gathering evidence

B) yes because bank records are private communications and Dustin has a reasonable expectation of privacy that was not protected by the police

C) no because bank records are commercial instruments and are not considered confidential communications for which a depositor has a reasonable expectation of privacy

D) No because Mike and Merchant Bank are not state actors nor agents of the state and no warrant is necessary for the police to use the evidence