Right you are Flyer.
not to say this is what you're doing, but i've seen people that are very skilled at making flossing look legal by doing just that, and they basically 'feed' the fish, ie, right depth and shot swing, to put the bait right into the opening and closing mouth of resting fish.
I see it every trout opener at Ganny.
That's why I prefer high and dirty.
Evens the playing field if you know what I mean.