Nabejas v. Texas Department of Public Safety

OPINION

RODRIGUEZ, Justice.

Appellants, Alicia Nabejas and Ruben Na-bejas, appeal the trial court’s summary judgment in favor of the Texas Department of Public Safety (“DPS”) and Officer Martin Dellert. We dismiss in part and reverse and remand in part.

While working routine patrol on April 23, 1994, Officer Dellert stopped appellants’ vehicle for speeding. The vehicle was occupied by appellants and four family members. Appellants did not speak or understand English. Officer Dellert did not speak Spanish. During the course of the stop, Officer Dellert searched under and around the driver’s seat…