Strictly speaking, when your engine has just been started from cold, it is still cold air intake, wherever your intake is positioned, but if over the manifold where they are usually mounted, the air obviously warms up. Warm air intake is more beneficial as it will make the engine hesitant free.
it will still help anyway no matter where it is because the filter is made to atomize the air like reeds on a 2 stroke making it move faster into the engine so no matter where you put it the air it picks up ll be colder than the air you get from the stock intake
That's the whole point of a cold air intake. A lot of people install these intakes on their cars with the filters up high in the engine compartment. That's NOT a cold air intake, since it's drawing warm air from around the engine. Cold air is found outside of the engine compartment, and can only be drawn in if the end of the pipe is in the correct location. Putting it down low will certainly give you cooler air, and a TRUE cold air intake. The only advice here is be careful where you put it. Too low and it will suck up water from the road (driving through puddles or during a heavy rain) and can allow water to be pulled into the engine.