LAS VEGAS — 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.