Measure is possible in Estonia.
The measure is possible in proceedings conducted for crimes which is listed in Estonian Code of Criminal Procedure art 126-1.
General rules of admissibility of evidence will apply. The measure has to be taken according to law and international treaties.
Estonian Code of Criminal Procedure
§ 472. Cross-border surveillance
(1) In connection with pre-trial proceedings concerning an extraditable criminal offence and provided the person concerned is being kept under surveillance in relation to being suspected of a criminal offence or in relation to a need to identify a suspected person or ascertain the whereabouts of such a person, the surveillance may be continued in the territory of another Member State that is party to the Convention signed at Schengen on 19 June 1990 to implement the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common borders (hereinafter, ‘Schengen Member State’), provided the latter has authorised such cross-border surveillance in response to a request for assistance that has been made in advance and that states its reasons. Ancillary conditions may be attached to the authorisation.
(2) Competence to transmit a request for cross-border surveillance to another Schengen Member State is vested in the Office of the Prosecutor General; in a situation of urgency, a request may be transmitted by a District Prosecutor’s Office. Authorization for granting a request for cross-border surveillance transmitted to Estonia is issued by the Office of the Prosecutor General. Conditions may be attached to the granting of the request.
(3) Transmitting a request for cross-border surveillance to another Schengen Member State is permitted in relation to pre-trial proceedings concerning the criminal offences specified in subsection 2 of § 1262 of this Code. As the state in whose territory the person concerned finds themselves, Estonia may not deny a request if it is presented in connection with a criminal offence which is punishable by at least one year of imprisonment according to both the law of the requesting state and the Penal Code of Estonia.
(4) In a situation of urgency, cross-border surveillance as part of pre-trial proceedings may be commenced without prior authorisation from the state in whose territory the person concerned finds themselves provided the subject of such proceedings is one of the following criminal offences:
1) murder;
2) manslaughter;
3) serious offence of a sexual nature;
4) arson;
5) counterfeiting and forgery of means of payment;
6) aggravated burglary and robbery and receiving stolen goods;
7) extortion;
8) kidnapping and hostage taking;
9) trafficking in human beings;
10) illicit trafficking in narcotic drugs and psychotropic substances;
11) breach of the laws on arms and explosives;
12) destruction through the use of explosives;
13) illicit transportation of toxic and hazardous waste;
14) serious fraud;
15) facilitation of unauthorised entry and residence;
16) money laundering;
17) illicit trafficking in nuclear or radioactive materials;
18) participation in a criminal organisation;
19) terrorism.
(5) Where cross-border surveillance has been commenced in a situation of urgency as part of a pre-trial investigation of a criminal offence mentioned in subsection 4 of this section without prior authorisation from the state in whose territory the person concerned finds themselves:
1) that state is must be notified without delay of the fact that an employee of the competent judicial authority of the requesting state has crossed the border and has commenced surveillance;
2) a request provided for by subsection 1 of this section must be transmitted without delay to that state, setting out the reasons for the unauthorised crossing of the border.
(6) When conducting cross-border surveillance:
1) the laws of the state in whose territory the surveillance is conducted and the instructions of the representatives of its authorities are complied with;
2) a document authorising cross-border surveillance is carried, except in a situation provided for by subsection 4 of this section;
3) at the request of a competent authority of the state in whose territory surveillance is conducted, proof is provided of acting in an official capacity;
4) service weapons may be carried with the consent of the state in whose territory the surveillance is conducted, and may be used only for self-defence;
5) private property or any other places not intended for public use may not be entered, and the person under surveillance may not be stopped, questioned or apprehended;
6) the competent judicial authority of the state in whose territory the surveillance is conducted is notified of each surveillance operation and, at the request of the competent judicial authority of the aforementioned state, the officer carrying out such surveillance must appear in person in order to provide explanations;
7) at the request of the competent judicial authority of the state in whose territory the surveillance is conducted, assistance must be provided in the conduct of the relevant criminal proceedings in that state.
(7) Cross-border surveillance is terminated:
1) when the purpose of the corresponding operation has been achieved;
2) at the request of the state in whose territory the surveillance is conducted;
3) where, within five hours following the crossing of the border in order to commence cross-border surveillance following the rules prescribed in subsection 5 of this section, the state in whose territory such surveillance is conducted has not granted authorisation for cross-border surveillance.