Pat Down for Weapons

I have a case where an officer did a pat down search on a suspect. The officer said he was making "furtive movements" around his pockets. When asked if he believed the man was armed, the officer said no. Based on caselaw, nervous movements can be sufficient to establish reasonable suspicion to do a pat down for weapons. But the officer also needs a belief the person was armed.

Question: Does the officer's subjective belief that person was not armed render the search illegal? Or is it irrelevant whether the officer actually believed the suspect was armed?

My 2 cents:
I think your right.
A pat down or frisk search is for weapons. If the officer doesn't fear for his safety or believe the the suspect is armed, then what is he searching for? Contraband. Then it is an illegal search.

There are exceptions but they must be articulated and based on the officers expertise and training. Or prebooking search, post arrest.
Officers can't go on a witch hunt is a suspects pockets.

[Rochelle]

The officer does a search for more than weapons. By making furtive movements with his hands in or near his pockets, an officer is led to believe he may have something in there that he wants to rid of before the officer finds it, meaning it could be drugs or drug-use items. An officer does not have to believe his life is in danger to do a search. This is based on where I live. If an officer fails to search a subject and any questionable items are found on his person when he is being booked, the officer is put on administrative leave.

Two separate issues.
1st: A frisk or pat down is for weapons.

2nd: Yes, if the officer sees an activity that due to his expertise and training would lead him to believe that some time of criminal activity is occuring, then yes, he can search. But this is based on some articulatible facts, that give him probable cause to recover evidence.

If the officer said he did not think the subject was armed, but then did a frisk search looking for weapons, and digging through semi-smooth pockets, then it may lead to the search being thrown out.