Evidence from nighttime search can be included in Duane Davis case, judge rules

LAS VEGAS (KTNV) — Evidence that was seized from Duane "Keefe D" Davis's Clark County home will be allowed to be used in court.

Court records show that attorneys for Davis had filed a motion to have that evidence thrown out because they claimed the warrant was illegally executed.

They argued 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.

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Davis's attorneys argued at the time of the search, Davis was a 60-year-old retired cancer survivor with adult children and grandchildren and had been living with his wife in Henderson for nine years.

“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.”

On Tuesday, Judge Carli Kierny ruled that the warrant was executed properly and Davis's attorneys did not show there was any intentional or reckless misconduct or "that the inclusion of the omitted facts would have defeated the good cause finding."

Davis is facing a murder charge in relation to the death of rapper Tupac Shakur.

Davis has previously admitted to being one of four people in a white Cadillac on Sept. 7, 1996. Someone in that vehicle shot Shakur as well as Suge Knight, who was in the vehicle with him. Shakur died six days after the shooting.

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According to former Los Angeles Police Department detective Greg Kading, Keefe D told police that his nephew killed Shakur. They never charged him because he was helping with the investigation.

However, over the years, Keefe D wrote a book and made TV appearances detailing his involvement in Shakur’s death.

“[He’s] bragging that he’s the one who handed Orlando Anderson a gun and subsequently, that gun is used to shoot Tupac. He’s openly saying he’s a significant part of this whole murder," retired Metro Sgt. Chris Carroll previously told Channel 13. "How many times are you going to go on TV and say that before somebody’s going to take some sort of action?"

The search warrant on Davis's home showed police recovered laptops, computers, photographs, and documentary items from his home as well as 40 caliber bullets.

Davis has previously said there is no evidence against him to prove he murdered anyone.

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Court minutes show the next hearing in the case is scheduled for March 10.