Nobody will deny that providing an adequate answer to crime is very complex. Having to deal with cross-border crime only further complicates things, as this requires cross-border cooperation which brings along a whole new series of challenges. One of those challenges is the cross-border gathering and use of evidence. In spite of the emergence of mutual recognition in criminal matters1 in general and more specifically the recent evolutions in the fields of evidence and investigative measures questions arise as to the feasibility of mutual recognition of investigative measures and free movement of evidence. Traces of these questions can also be found at European policy level.