The side channel from memory access timings are exactly why cmov is its own instruction on x86_64. It retrieves the memory regardless of the condition value. Anything else would change the timings based on condition. If you're going to segfault that's going to be visible to an attacker regardless because you're going to hang up.

AFAIU, cmov wasn't originally intended to be a guaranteed constant-time operation, Intel and AMD won't commit to keeping it constant-time in the future, but it just so happened that at one point it was implemented in constant-time across CPUs, cryptographers picked up on this and began using it, and now Intel and AMD tacitly recognize this dependency. See, e.g., https://www.intel.com/content/www/us/en/developer/articles/t...

> The CMOVcc instruction runs in time independent of its arguments in all current x86 architecture processors. This includes variants that load from memory. The load is performed before the condition is tested. Future versions of the architecture may introduce new addressing modes that do not exhibit this property.

I mean the possibility that the rest of the program guarantees that the address is valid if the condition is true but otherwise it might be valid or invalid. This is probably not important for most applications, but I don't know if there are some unusual ones where it would matter.