Wisconsin Administrative Code
Justice Assistance, Office of
Chapter OJA 1 - Traffic stop data collection and analysis
Section OJA 1.03 - Definitions

Universal Citation: WI Admin Code ยง OJA 1.03

Current through May 31, 2022

As used in this chapter:

(1) "Department of transportation" or "DOT" means the Wisconsin department of transportation.

(2) "Law enforcement agency" means either of the following:

(a) A governmental agency of one or more persons comprising at least one full-time equivalent position, employed by this state or a political subdivision of this state, for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.

(b) A "tribal law enforcement agency" as defined in s. 165.83(1) (e), Stats.

(3) "Law enforcement officer" or "officer" means either of the following:

(a) A person employed by the state or any political subdivision of the state for the purpose of detecting and preventing crime and enforcing laws or ordinances, and who is authorized to make arrests for violations of the laws or ordinances the person is employed to enforce.

(b) A tribal law enforcement officer who is empowered to exercise state law enforcement powers under s. 165.92, Stats.

(4) "MOU" means the memorandum of understanding between DOT and OJA described in s. OJA 1.04.

(5) "Office of justice assistance" or "OJA" means the Wisconsin office of justice assistance.

(6) "Officer number" means a unique number assigned by a law enforcement agency to identify a law enforcement officer authorized to act for the law enforcement agency.

(7) "Operator" means a person who drives or is in actual physical control of a motor vehicle.

(8) "Person in charge of a law enforcement agency employing the law enforcement officer" as used in s. 349.027, Stats., or "chief officer of the agency" means either of the following:

(a) The chief officer of the law enforcement agency who has the authority to direct and supervise the law enforcement officers in the agency.

(b) The person who exercises daily supervision and control over law enforcement officers participating in a cooperative county-tribal law enforcement program as described in s. 165.90(2) (e), Stats.

(9) "Race or ethnicity" means the following race and ethnic categories utilized by the U.S. Census Bureau and the department of transportation division of motor vehicles in operator license applications: "American Indian or Alaskan native," "Asian/Pacific islander," "Black," "Hispanic origin" and "White."

(10) "Statistical analysis center" means the unit of OJA required by s. 16.964(1m) (f), Stats., to serve as a clearinghouse of justice system data and information and conduct justice system research and data analysis.

(11) "Traffic stop" or "motor vehicle stop" as used in ss. 16.964 and 349.027, Stats., means any contact by an officer with a motor vehicle operator on a public street or highway, initiated by the officer, resulting in the detention of a motor vehicle.

Note: See Appendix for examples of a traffic stop.

(12) "Traffic stop data" means the categories of data collected under s. 349.027, Stats., and s. OJA 1.05.

(13) "Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. "Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. Snowmobiles and all-terrain vehicles shall not be considered motor vehicles for purposes of this chapter.

CR 10-010: cr. Register August 2010 No. 656, eff. 9-1-10.

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