OK, devils advocate here, since we are "what iffing" things.....
What if, you run into a cop who is big into knives? Since we are "what iffing", maybe that cop is even noted by the courts as a use of force, arrest and control, intermediate and various weapons subject matter expert. So back to the "what if's"... What if that Officer could clearly explain to the courts that he "observed" the knife "in plain view" clipped within the subjects pocket. What if that same Officer could explain what gave him probable cause?
Officer: "Well your honor that is a Benchmade AFO automatic opening knife. It would have either been the AFO or AFOII with either a drop point or tanto blade, either serrated or non-serrated. In any of these instances the Benchmade knife in any of these configurations is an automatic opening knife."
Judge: "Officer how did you know it was a Benchmade knife?"
Officer: "Well your honor first off the engraved "Benchmade USA" moniker was clearly visible on the clip of the knife" Second the knife had the telltale characteristics of the Benchmade AFO series of auto knives."
Judge: "So you are saying that you knew immediately that it was a Benchmade AFO automatic opening series of knives? Can you describe some of these characteristics?"
Officer: "Sure your honor. The body of the knife appeared to be a metallic type which has a finish that matches that particular model of Benchmade knife. It is actually 6061 T6 aluminum and is black anodized. This is the same or similar materials and anodizing process used on the receivers of the M16 Assault Rifle and other similar variants of that evil black rifle weapon platform."
Judge: "Are there any other characteristics that identify this particular model of knife?"
Officer: "Why yes your honor. The knife body or the handle of the knife that was visible had the classic Benchmade shape for the AFO series of knives that has a very rounded or spherical sweep from the rear handle horn or posterior curve of the thumb ramp to the handles interior guard. From there it sweeps into the finger support notch of the knife which is located to the interior of the knives handle where the blade enters into the knife body when closed. While there are other Benchmade knives that are similar, this particular shape and design is specific to the AFO series of automatic knives. Also there was the cam or blade pivot pin which is a large robust design by Benchmade located in the correct spot and size for this knife. I will also note that the knife clip is classic Benchmade design held with 3 allen head screws. This knife was inserted inside the pocket whereas the top side of the knife was facing up and the bottom or butt end of the knife was facing downward."
Judge: "Officer, how were you sure of the orientation of the knife?"
Officer: "The knifes clip is a removable and adjustable clip. It was set in the typical configuration from Benchmade where the knife sits in the describe orientation. The user can adjust the clip in 4 different positions to suit their needs."
Judge: "Officer are there any other reasons that made you feel that this was a Benchmade AFO automatic knife?
Officer: "Well yes your honor, it actually looks exactly like mine right here,
[Opens automatic knife in dramatic fashion] except mine is a tanto blade."
Perhaps this story is a bit unlikely of you running into that one Officer, as it would be the "perfect storm", but it does illustrate the fact that anything is possible and that taking advice on the internet might not keep your butt out of jail. But then again if that cop was a "knife guy", he might just say, hey cool knife, I got one too.