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LAS VEGAS<\/strong> \u2013 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 \u201cunlawful nighttime search.\u201d<\/p>\n Las Vegas criminal defense attorneys Robert Draskovich and William Brown filed a motion this week on behalf of their client, Duane \u201cKeffe D\u201d Davis, who was charged in the drive-by shooting<\/a> of the iconic rapper off the Las Vegas Strip. <\/p>\n Davis’ attorneys argue a judge relied on a \u201cmisleading portrait\u201d 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\u2019s a risk that evidence will disappear if officers wait until morning. <\/p>\n In reality, Davis, an ex- gang leader<\/a> 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.<\/p>\n \u201cThe court wasn\u2019t told any of this,\u201d his attorneys wrote in the motion. \u201cAs a result, the court authorized a nighttime search based on a portrait of Davis that bore little resemblance to reality \u2014 a clearly erroneous factual determination, in other words.\u201d <\/p>\n The Las Vegas Metropolitan Police Department \u2014 which conducted the search and collected Davis’ electronic devices, \u201cpurported marijuana\u201d and tubs of photographs \u2014 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. <\/p>\n