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It doesn't matter if he was in the 9 yard marks after the RFP or not, he is a hide out and it will be illegal participation. See below.
9-6-4-d d. To use a player, replaced player or substitute in a substitution or pretended substitution to deceive opponents at or immediately before the snap or free kick.
case book .6.4 SITUATION A: Several A substitutes enter the field between downs and go to the team's huddle, but one replaced player does not leave immediately and is not detected. However, when they break the huddle the replaced player runs toward his sideline and leaves the field just before the ball is snapped. RULING: An illegal participation foul if the official judges that A was using a replaced player or substitute in a substitution or pretended substitution to deceive the opponents. If not, it is illegal substitution. (3-7-2) COMMENT: It is becoming prevalent to see more than 11 players/replaced players in a team's huddle or in the defensive formation between downs. The replaced player is to leave the field immediately and in such a manner that it does not confuse or deceive the opponents.
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