If it goes into the stands, is it the fans?

Running back, Brandon Jacobs, lost his cool during the New York Giants' loss to the Indianapolis Colts on Sunday night.  It appeared that Jacobs was upset after he was stopped for no gain on a rushing attempt and tossed his helmet into the stands during the third quarter of the game.  He later stated the toss was unintentional and was trying to throw his helmet behind the visitors' bench.
 
The helmet found its way in to the hands of a Colts fan, who refused to give up the helmet when provoked by security.  Eventually, security obtained the helmet, but not before multiple fans put up a fight to keep the authentic NY Giants head gear

Do you think the fan should have been allowed to keep the helmet?

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