LAS VEGAS (AP) — The attorneys for the man accused of killing rap icon Tupac Shakur in 1996 are pushing to suppress evidence obtained in what they claim was an “unlawful nighttime search.”
Las Vegas criminal defense attorneys Robert Draskovich and William Brown filed a motion this week on behalf of their client, Duane “Keffe D” Davis, who was charged in the drive-by shooting of the iconic rapper off the Las Vegas Strip.
Davis' attorneys argue a judge relied on a “misleading portrait” of Davis as a dangerous drug dealer to grant the execution of a search warrant at night, which should only be done in exceptional circumstances, such as if there’s a risk that evidence will disappear if officers wait until morning.
In reality, Davis, an ex-gang leader from Southern California, had left the narcotics trade in 2008 and began doing inspection work for oil refineries, his attorneys say. He was a 60-year-old retired cancer survivor with adult children and grandchildren and had been living with his wife in Henderson, a city outside of Las Vegas, for nine years at the time the warrant was executed.
“The court wasn’t told any of this,” his attorneys wrote in the motion. “As a result, the court authorized a nighttime search based on a portrait of Davis that bore little resemblance to reality — a clearly erroneous factual determination, in other words.”
The Las Vegas Metropolitan Police Department — which conducted the search and collected Davis' electronic devices, “purported marijuana” and tubs of photographs — declined to comment Friday, citing the pending litigation. At the time of the search, police said executing the warrant under the cover of darkness would allow officers to surround and secure the residence, and that if Davis barricaded himself, the darkness would allow officers to evacuate the surrounding homes with the least exposure to residents.
Davis was arrested in September 2023. He pleaded not guilty to first-degree murder and sought to be released since shortly after his arrest.
His attorneys claim Davis’ arrest stems from false public statements Davis had made in which he claimed to be present in the white Cadillac from which Shakur was shot. They say he has never offered details that would firmly corroborate his presence in the car, and that he benefited from saying he was present. He dodged drug charges by telling the story in a proffer agreement, and he has made money by repeating it in documentaries and his 2019 book, according to his attorneys.
“Think of it this way: Shakur’s murder was essentially the entertainment world’s JFK assassination — endlessly dissected, mythologized, monetized — so it’s not hard to see why someone in Davis’s position might falsely place himself at the center of it all for personal gain,” his attorneys wrote.
FILE - Duane Davis, left, looks back during a hearing on claims of juror misconduct in his jailhouse battery case at the Regional Justice Center, July 2, 2025, in Las Vegas. (L.E. Baskow/Las Vegas Review-Journal via AP, Pool, File)
Tampa Bay (7-8) at Miami (6-9)
Sunday, 1 p.m. EST, FOX
BetMGM NFL odds: Buccaneers by 5 1/2
Against the spread: Buccaneers 5-10; Dolphins 7-8.
Series record: Buccaneers lead 7-5.
Last meeting: Buccaneers beat Dolphins 45-17 on Oct. 10, 2021, in Tampa, Fla.
Last week: Buccaneers lost to Panthers 23-20; Dolphins lost to Bengals 45-21.
Buccaneers offense: overall (23), rush (20), pass (22), scoring (18).
Buccaneers defense: overall (22), rush (7), pass (27), scoring (24).
Dolphins offense: overall (24), rush (13), pass (25), scoring (22).
Dolphins defense: overall (19), rush (26), pass (14t), scoring (22).
Turnover differential: Buccaneers plus-8; Dolphins minus-5.
WR Mike Evans. He has 11 catches for 163 yards and one TD in two games since returning from a broken clavicle. The six-time Pro Bowl wideout's streak of 1,000 yards receiving is going to end at 11 because of injuries that limited him to just six games this season.
QB Quinn Ewers. The rookie is set to make the second start of his career after throwing for 260 yards with two interceptions last week against Cincinnati. Dolphins coach Mike McDaniel said he was impressed by Ewers' composure in his first start, even when the team unraveled in the second half, which McDaniel said earned the quarterback another start.
Tampa Bay's receivers vs Dolphins secondary. Miami's defensive backs had trouble covering Cincinnati receivers Ja’Marr Chase and Tee Higgins last week, allowing them to combine for 12 catches, 162 yards and a touchdown. Miami will go against another pair of elite receivers in Mike Evans and Emeka Egbuka. When Tampa Bay and Miami last met, Evans caught six passes for 118 yards and a pair of touchdowns.
Buccaneers: Pro Bowl LT Tristan Wirfs (toe) and OLB Anthony Nelson (knee) missed practice time this week.
Dolphins: C Aaron Brewer (neck), S Minkah Fitzpatrick (calf) and LB Tyrel Dodson (chest) missed practice time this week. ... DT Benito Jones (back) and TE Darren Waller (groin) were limited.
Sunday's matchup will be the Bucs' first time playing the Dolphins at Hard Rock Stadium since 2017. ... They have never met in the postseason.
The Buccaneers have played in seven games decided by three or fewer points this season, tied with the 1979 team for most in a single season in franchise history. They're 5-2 in those games with two straight losses. ... QB Baker Mayfield has thrown six interceptions in the past six games after only two in the first nine. ... WR Emeka Egbuka needs 90 yards to become the third rookie in club history to reach 1,000, joining Michael Clayton (1,193 in 2004) and Mike Evans (1,051 in 2014). ... RB Sean Tucker leads the team with seven rushing TDs on 80 carries. ... LB Lavonte David last week became the seventh player to reach 1,700 tackles. ... K Chase McLaughlin has made 16 straight field goals and is 11-for-11 from 50 yards or longer, a record for most kicks from that distance without a miss in a single season. ... With their loss to the Cincinnati Bengals last week, the Dolphins are ensured a losing season for the second straight year after finishing 8-9 and missing the playoffs in 2024. ... The Dolphins have been outscored 42-19 the past two weeks. ... RB De'Von Achane was selected to the Pro Bowl for the first time in his career after a standout third season in which he surpassed 1,000 yards rushing for the first time. Achane is the first Dolphins player to total 2,000 rushing yards along with 1,000 yards receiving in his first three NFL seasons. He also is the fifth Dolphin to reach 2,000 rushing yards in his first three years in the NFL. ... WR Jaylen Waddle needs 90 yards in the final two games of the season to reach 1,000 yards receiving for the fourth time in his five-year career. ... Ewers became the ninth rookie in Dolphins history to start a game at quarterback, joining Skylar Thompson (2022), Tua Tagovailoa (2020), Ryan Tannehill (2012), John Beck (2007), Dan Marino (1983), David Woodley (1980), Bob Griese (1967) and Rick Norton (1966). His 260 passing yards were the second most by a Dolphins rookie quarterback in their first career start behind Dan Marino, who had 322 in his first start against Buffalo in 1983.
Evans and Egbuka could be in for big games against Miami's defense, which has struggled to slow down dynamic receivers and has been inconsistent this season.
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Miami Dolphins quarterback Quinn Ewers looks to throw during the second half of an NFL football game against the Cincinnati Bengals, Sunday, Dec. 21, 2025, in Miami Gardens, Fla. (AP Photo/Rebecca Blackwell)
Carolina Panthers safety Lathan Ransom breaks up a pass intended for Tampa Bay Buccaneers wide receiver Mike Evans during the second half of an NFL football game, Sunday, Dec. 21, 2025, in Charlotte, N.C. (AP Photo/Rusty Jones)