LAS VEGAS (KLAS) — Attorneys representing the man accused of murdering legendary rapper Tupac Shakur are urging the court to dismiss evidence obtained from what they argue was an unjustified and unnecessary nighttime search of his residence, according to recent court documents.

Renowned Las Vegas defense lawyer Robert Draskovich has submitted a 24-page motion to Clark County District Court, seeking to suppress evidence against his client, Duane “Keffe D” Davis. This motion was filed on December 22.

Davis faces allegations of masterminding the shooting that led to Shakur’s death. He had previously admitted to being in the vehicle with the gunman who shot Shakur and music mogul Suge Knight in the vicinity of the Las Vegas Strip back in September 1996.

In September 2023, Davis was charged with murder involving a deadly weapon, accompanied by a gang-related enhancement.

The motion argues that the search was conducted in bad faith, stating, “When officers obtain nighttime authorization through bad faith, courts agree suppression is appropriate.” It calls for the judge to, at the very least, hold a hearing on the issue, claiming that the affidavit supporting the search warrant reveals this bad faith.

The motion contends that a police affidavit in support of the nighttime search should have been deemed insufficient to get the warrant.

“First, the court unwittingly relied on a misleading portrait of Davis as a dangerous drug dealer—when in fact his drug convictions were [25] years old and he was now a [60]-year-old retired cancer survivor that had lived quietly in the same Henderson home for nearly a decade,” the motion reads. “Second, the court overlooked the case-specific urgency or safety concerns Nevada law requires to justify nighttime searches, accepting instead generic safety theories that would apply to virtually any search of any home.”

The motion included an additional 186-page appendix of supporting documents, including a list of items seized during the search. Those items included several laptops, tablets, a USB drive, “purported marijuana,” a copy of an issue of Vibe Magazine about Shakur, and “Compton Street Legend,” a book written by Davis in 2019.

Davis hired Draskovich in August. Davis is awaiting a decision from the Nevada Supreme Court on whether to dismiss his case, claiming he has immunity.

Las Vegas Metropolitan Police Department did not respond immediately to a message sent on the Christmas holiday about the allegations in Davis’ motion to dismiss. But after Davis’ arrest, District Attorney Steve Wolfson discussed the sufficiency of the evidence against Davis, some of which Davis now seeks to suppress.

“This is an important case,” Wolfson said at a press conference. “We wanted to make sure we get it right. We wanted to make sure we had legally admissible evidence. We wanted to make sure that we felt comfortable that we had sufficient legal evidence. You know, if you’re going to charge a person with murder, he has a right to believe that the system would only bring charges if there was sufficient legal evidence. “

Davis, 62, is currently serving 16-40 months at High Desert State Prison for a jailhouse fight last spring in Clark County Detention Center, where he was awaiting trial. A jury found him guilty last spring for fighting with another inmate inside the Clark County Detention Center. 

His trial is scheduled for August 2026.