Can the police search a random car if they think my ex has my daughter?

The situation

I am living in Melbourne, Victoria, and I am in a really difficult situation regarding my seven-year-old daughter, Sophie. My ex-partner took her for a scheduled weekend visit on Friday the 12th of October, but he never brought her back on Sunday evening as agreed. I have tried calling his mobile several times and sent multiple messages, but he has switched his phone off and is not responding to anyone. I went to his apartment yesterday, but the neighbours said they saw him loading a large suitcase into a silver SUV and driving away early in the morning. I have already lodged a report with the local police station, but they told me they can't just go around stopping every silver car on the road without a specific warrant. I am terrified he might be driving towards the coast or even out of the state. If the court gives me an order to find her, does that order allow the police to search any vehicle or building where they have a hunch she might be hiding, even if the car or the address isn't specifically written down on the paperwork?

Detailed Analysis

If you successfully obtain a recovery order from the court, the police gain significant powers to find Sophie. A recovery order is a court order designed to return a child to their rightful caregiver^[2].

Under this order, the court can authorize people to "stop and search any vehicle, vessel or aircraft, and to enter and search any premises or place, for the purpose of finding a child"^[2]. This means the police are not limited to only searching a specific silver SUV if it is listed on the document.

According to the law, an authorization in a recovery order can apply to "any vehicle, vessel, aircraft, premises or place in which there is, at any time, reasonable cause to believe that the child concerned may be found"^[1]. This is a very important distinction for your situation. Because your ex-partner was seen loading a suitcase into a silver SUV, if the police have a "reasonable cause to believe" (which means they have a logical, fact-based reason to suspect) that Sophie is inside that specific silver SUV or at a location he is heading toward, they can search it under the terms of the order^[1].

The order can also be directed to specific people or to "every person from time to time holding or acting in a specified office". This ensures that the police officers on the road have the authority to act immediately.

It is important to note that the law does not settle exactly what constitutes "reasonable cause to believe" in every specific scenario; this is often a decision made by officers on the ground based on the evidence available to them at that moment.

Statutory Citations

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