In a move that could reshape the prosecution’s case against the man accused of orchestrating Tupac Shakur’s death, Duane “Keffe D” Davis’s lawyers argue that evidence seized during a nighttime search of his Henderson home should be tossed.
Motion to Suppress
High-profile defense attorney Robert Draskovich filed a 24-page motion on Dec. 22 in Clark County District Court, asking the judge to suppress evidence obtained in an overnight search of Davis’s residence. The motion contends that the police obtained nighttime authorization in bad faith, a circumstance that courts routinely deem grounds for suppression. Draskovich requests, at a minimum, a hearing on the matter.
Grounds for Suppression
The motion points to two main deficiencies in the warrant affidavit:
- Misleading portrayal of Davis: The affidavit painted Davis as a dangerous drug dealer, yet his last drug conviction was 25 years ago. At the time of the search, Davis was a 60-year-old retired cancer survivor who had lived quietly in the Henderson home for nearly a decade.
- Lack of case-specific urgency: Nevada law requires a specific urgency or safety concern to justify a nighttime search. The motion argues the court relied on generic safety theories that would apply to virtually any home search.
The motion also notes that the affidavit supporting the warrant was insufficient to secure the search warrant in the first place.
Seized Items
An additional 186-page appendix lists the items seized during the search:
- Several laptops and tablets
- A USB drive
- Purported marijuana
- A copy of an issue of Vibe Magazine about Shakur
- Compton Street Legend, a book written by Davis in 2019
These items were seized under the warrant that Draskovich now seeks to suppress.
Background on the Case
Davis, 62, was indicted in September 2023 on a charge of murder with a deadly weapon and a gang enhancement for the shooting death of Tupac Shakur. He had previously claimed he was in the car with the shooter and record executive Suge Knight near the Las Vegas Strip in September 1996.
Davis hired Draskovich in August of the same year. He is currently serving 16-40 months at High Desert State Prison for a jailhouse fight last spring at the Clark County Detention Center, where a jury found him guilty of fighting another inmate. His murder trial is scheduled for August 2026.
Police and Prosecutorial Response
The Las Vegas Metropolitan Police Department did not respond immediately to a message sent on the Christmas holiday regarding the allegations in Davis’s motion. After Davis’s arrest, District Attorney Steve Wolfson addressed the sufficiency of the evidence during a press conference, stating:
> “This is an important case. 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.”
Wolfson’s comments underscore the prosecution’s emphasis on the admissibility of the evidence that Davis now seeks to suppress.
Current Status
Davis is awaiting a decision from the Nevada Supreme Court on whether to dismiss his case, citing immunity. The outcome of Draskovich’s motion could determine whether the evidence seized during the nighttime search will be admissible at trial.
Key Takeaways
- Duane “Keffe D” Davis’s lawyers argue that evidence from a nighttime search should be suppressed due to bad faith and insufficient warrant support.
- The seized items include laptops, tablets, a USB drive, purported marijuana, a Vibe Magazine issue, and Davis’s 2019 book.
- The case hinges on whether the court will allow the evidence, with Davis’s trial set for August 2026.
The legal battle over the admissibility of evidence continues to unfold, with significant implications for the upcoming murder trial of the man accused of orchestrating Tupac Shakur’s death.
